According to TF Magazine " the legislatures and the courts in various states have made it clear that the rights of owners and lawful possessors of timberland are to be protected vigorously. Not only will actual or compensatory damages be awarded, but also, in the proper situations, swift and severe penalty awards and punitive damages will be handed down by the courts." Historically, states have judged the crime under the natural resources area and not in the area of civil trespass. Many times, even if the case made it to court (which was never certain), the penalty was limited to a small fine that did little or nothing to deter future theft.
Timber Theft Laws Have New Teeth
Traditionally courts have awarded the actual market value of the trees. Unfortunately, this has proven to be of little or no value in keeping theft in check. In fact, when the market is off, actual market value could be very low and the "unscrupulous timber cutter" would not expect to pay any more than they would have to pay had they legally purchased the timber.
Many states now award when the timber theft is "malicious, willful, or negligent". Unintentional taking is still subject to actual damages equal to the fair-market value of the trees at the time of the cut plus the cost of litigation.
Courts have allowed timber experts to testify as to costs of replacing the timber. The trespasser is subject to pay for the cost of forester recommended reforestation using the best methods and the proper species for the site. A case now might allow the plaintiff a $100 per acre award for site preparation and planting with certified seedlings.
Mark Your Line
You still have an obligation to mark the boundaries of your property. Without this "advertising" of your ownership, all of the above bets are off. Most statutes impose penalties against good-faith violators "only when trees are removed across ownership lines, marked boundary lines, or outside designated cutting area lines" that are plainly described or visible. You must establish these boundaries or risk losing any timber theft case in court.
Further, a court of appeals has indicated "if the timber-cutter in 'good faith' cuts and removes timber across a property line which is not visibly designated as a demarcation line between two adjacent properties, he is only liable for the fair-market value of timber. He is not liable for treble damages. Keep in mind that, as a punitive measure, this statute must be strictly interpreted; it is only when a person clearly violates its provisions that he will be assessed the severe penalty of triple damages."
Must Do's to Prevent Timber Theft
With timber prices rising, timber owners are reporting trees stolen in record numbers. In addition to marking your boundary, good preventive measures you should consider are as follows:
*Talk with you neighbors and ask them to advise you if logging near your common boundary. Walk the line with the owner and/or logger to prevent misunderstandings.
*A friend or consulting forester should inspect your property during and several days after the neighbor’s harvest looking for signs of illegal entry or cut trees.
*Check credentials of loggers when you invite them to harvest your timber. Mark trees with paint (with an additional stump mark) prior to your timber harvest. Also, mark the perimeter of the harvest and explain your sale contract policy if unmarked trees are found.
More on Timber Theft:
Stealing Trees: Three Easy Methods
Adapted from a Tom Kazee article in Tree Farmer Magazine.
