attorney for help with company who stole lumber off private land

by Prof. Maryjane Smitham 7 min read

Who pays for tree removal and lumber sale?

1. The “Keep off your own land” tactic. 2. The Fake charge 3. “Harassment without contact” 4. Countersuit for Defamation Threat F. The “entry” fee 1. Survey costs 2. Timber Appraisal 3. Witness Fees 4. Legal Fees G. The Loss Valuation problem 1. “Clean Water Act” limitation 2. “Can’t count in court” problem 3. “Garage ...

How much does a timber theft lawyer cost?

A real estate lawyer can help you recover damages for objects fallen, dropped, or blown onto your land. Call LegalMatch at (415) 946-3744 today!

How do I sue for theft of timber?

Quash or annul a law, permit, or decree legitimising a land “grab”. Stop someone else occupying land, controlling it, or infringing your rights. Prevent a forced eviction. Enable you to return to land you have been evicted from. Provide you with (rights to) alternative land or re-housing.

Who investigates timber theft in Louisiana?

Whether you are a business, homeowner, or property developer, a land use and zoning lawyer can help challenge a municipality's zoning regulation and land use restriction. Use FindLaw to hire a local land use and zoning lawyer to help you gain or protect your right to …

What are the four ways forest landowners may suffer from timber theft?

There are as many ways to steal a tree as there are timber thieves, but most thefts fall into one of four basic cate gories: 1) trespass, 2) underpayment, 3) overharvesting and 4) fraud.

What is the dollar amount for felony theft in Georgia?

$500If the theft involves property worth more than $500, the crime will more than likely be deemed a felony.

What is grand larceny Georgia?

Theft of property or services valued at more than $1,500 but less than $5,000 carries a prison sentence of one to five years. If the value goes over $5,000 but is less than $25,000, the defendant is looking at one to 10 years in prison.

Is theft by receiving stolen property a felony in Georgia?

Theft by receiving is a misdemeanor if the property has a value that's less than $500. However, theft by receiving is a felony if the value of the property is greater than $500 and you could face a prison sentence of up to 10 years or up to 20 years if the stolen property is an automobile.

What is the statute of limitations in Georgia for theft by taking?

4 yearsWhat is the statute of limitations for Theft by Taking in Georgia? The statute of limitations for felony Theft by Taking is 4 years in Georgia. For a misdemeanor Theft by Taking charge, the statute of limitations is 2 years.

What are the different types of Georgia theft?

Georgia's theft statute specifically identifies several different kinds of theft, including shoplifting, theft of services, theft of lost or mislaid property, theft by deception, theft by conversion, and theft by extortion.Mar 20, 2018

What is theft by deception in GA?

Georgia Law O.C.G.A. A person commits the crime of theft by deception when he obtains property by any deceitful means or artful practice with the intention of depriving the owner of the property.

What is an example of theft by deception?

Examples of theft by deception A common example of a false impression theft by deception case is when people eat at a restaurant and then sneak out without paying for their meals. This could be charged as theft by deception because the people gave the false impression that they would pay for the meal but did not.May 15, 2020

Can a Neighbor Be Responsible for Objects Falling, Dropping, or Blowing on My Land?

Generally, a person is responsible for their actions, even innocent actions, that are done in a negligent manner and result in some type of damage. With that said, a neighbor who maintains their property in a way that causes harm to an adjoining piece of land may be found responsible for any damage that results. Examples include:

Are Nearby Farmers Responsible for Dust Blowing onto My Land?

Courts tend to rule that people with property in the vicinity of a farm cannot recover damages when dust and weeds blow onto their land. However, depending on the severity of the dust, a nuisance claim may cognizable.

Do I Need a Lawyer?

If an object or substance has fallen, dropped, or blown onto your land and has caused damage to your property, a real estate lawyer can explain the laws in your area and advise you of any forms of relief available. Similarly, a lawyer can protect your interests if you have been accused of causing damage to a neighbor’s property.

What can a court order do?

If you go to court and you are successful, the court may be able to do all or any of the following: Declare that you are owner of the land or that you are entitled to occupy, use, or enjoy the land. Quash or annul a law, permit, or decree legitimising a land “grab”.

What is an insurance company?

Insurers. Those who have taken or bought produce from the land. For example, if land is seized illegally to grow palm oil, which is then sold to a foreign company, you may be able to claim against that company in its home country.

What is a community group?

Sometimes, a group of individuals lacking official title to land can form community organisations or trusts to advance a claim for the benefit of all. Organisations such as NGOs or conservation groups. Local and national government.

What are some examples of indigenous peoples?

Yet, they may be denied rights of ownership or tenure under customs and customary law. Indigenous peoples, for example, India’s Adivasi, the ethnic and tribal groups considered the aboriginal population of India. Mobile communities, travellers or nomads. Forest peoples.

Do women have rights to land?

Women usually have fewer legally-recognised rights to land than men. Land disputes often involve discrimination against women, infringement of their rights and other gender issues. In many developing countries, it is women who work on the land and gather food and water from it.

What is trespassing to land?

Trespass to land consists of entering on to someone else's land or remaining there orplacing an object on the land. Even persons who have statutory rights of entry willsometimes need to obtain a warrant or court order to enter premises or go on to landbut there are exceptions.

What is the duty of care under the Occupiers Liability Act?

Under the Occupiers Liability Acts 1957 and 1984, it is an occupier's responsibility toensure that visitors to premises will be reasonably safe in using the premises. Inpractice this means displaying sufficient warning signs, ensuring that premises are insafe repair and, where necessary, accompanying the visitor while they remain on thepremises. In addition, any proprietor also owes a common duty of care to those usingor visiting his premises. The Defective Premises Act 1972 covers premises that havebeen leased. The landlord has a duty to protect all who might reasonably beexpected to be affected by defects in the state of repair of the premises.

When writing reports or other documents, attention must be paid to the possibility ofcausing harm to an entity through either?

When writing reports or other documents, attention must be paid to the possibility ofcausing harm to an entity through either negligent or fraudulent misstatement, ordefamation (libel). More details are given in section 5.7 below. It should be borne inmind that in defamation trials the burden of proof is reversed, so that the defendanthas to prove that his statement was true. There are some defences available, suchas for the contemporary reporting of court proceedings.

What is the water industry act?

The Water Resources Act 1991 and the Water Industry Act 1991 list a number ofgrounds under which an authorised person (typically an employee of the EnvironmentAgency) may enter any premises or vessel.

Can a private nuisance be brought?

claim for a private nuisance can only be brought by an occupier of the landaffected. Private nuisance is a civil matter. An individual may bring a civil actionwhere the use of his property is continuously or recurrently affected by a"disturbance". This may be a smell, noise or an escape of effluent, for example.Notwithstanding that many nuisances are the result of public bodies acting understatutory powers, this only absolves the relevant body of liability if they can show thatthe nuisance was the inevitable consequence of the work and that the work wascarried out with all reasonable care. Therefore, a water chemist performing arepetitive operation likely to cause a nuisance must be sure that (a) they have thenecessary statutory authority to do so, where relevant, and (b) do so as professionallyas possible and with the minimum disturbance to the locality.

What is public nuisance?

Public nuisance is one which materially affects the comfort and convenience of life fora significant number of people in the vicinity. Public nuisance is a criminal offence.For instance, if work is carried out resulting in obstruction of a public highway andthere was no statutory permission for the work, prosecution may result if sufficientnumbers of people have been inconvenienced by it.

What is the purpose of the Health and Safety at Work Act 1974?

The Health and Safety at Work Act 1974 (HSWA) governs the provisions necessaryfor securing the health, safety and welfare of people at work including controlling thestorage and use of dangerous substances . The HSWA imposes general duties onemployers. Under section 2, an employer is to safeguard the health and safety of hisemployees. Under section 3, there is an equivalent duty to contractors and membersof the public.

Who is Richard Cronn?

During Wilke’s six-day trial earlier this month, prosecutors presented evidence from Richard Cronn, a research geneticist for the Agriculture Department’s Forest Service, who proved that the lumber Wilke sold was a genetic match to the remains of three vandalized bigleaf maples in the national forest. Advertisement.

How many acres were burned in the Olympic fire?

The blazing fire that tore through Washington state’s Olympic National Forest in 2018 scorched 3,300 acres of land and destroyed dozens of valuable bigleaf maple trees. Amid the wreckage were oversized stumps with sawed-off limbs — a signal that the flames could have been a devastating casualty of a poorly planned tree heist.

How much do trees add to property value?

Not only do the trees provide shade, fresh air, contribute to water quality, and provide shelter and food to neighborhood animals, but mature trees (the ones usually sought after by companies) can add up to 10% to a homeowner's property value.

What tree was left down during Hurricane Irma?

Hurricane Irma left me with a large red cedar down and a second one damaged and needing removal too. I know there is value in red cedar and would be willing to sell the lumber in exchange for removing them.

Can you cut down trees for lumber?

Unless you have a large number of trees on many acres of land, it is unlikely that anyone will want them for lumber. Lumbering is big business, and people involved in it don't come to cut down half a dozen trees. You MAY find someone who would cut them down for you for firewood .

Pravin Anirudh Singh

Go to I&A and talk to them. Ask for a copy of your settlement document.#N#I will say it's extremely unprofessional and possibly unethical for your AME to tell your father in law what he will make from his case. Your FIL might have misinterpreted something.

Heather Leigh Siles

All workers compensation settlements have to be approved by a workers compensation judge. He can ask his attorney for a copy of the settlement or he can contact the WCAB where his claim was filed and ask for a copy. Very few workers compensation cases are worth seven figures.

Steven Allan Meline

You don't want legal/financial advice from a doctor anymore than you would want an attorney to do your surgery. Who knows what the doctor meant or the basis for his non-medical opinion. That said, in my opinion nobody gets what they deserve in Workers Compensation Land (which is right next to Fantasy Land).

Bobby L. Bollinger Jr

Good grief. Never take legal advice from a doctor. Except when the doc says “Get a lawyer.”