If you decide to sue, and can afford to sue, you can sue for compensation under common law for theft/conversion of your timber, or you can sue for compensation under the Timber Trespass Act, KRS 364.130. You may not even need to specify which you want to …
with timber theft can result in damage to the soil and remaining trees. Timber theft is clearly against the law, and individuals stealing timber are subject to prosecution. Criminal trespass and the cutting and removal of over $300 worth of timber it is considered a Class D felony theft. Typically this type of theft is punishable by 1 to 5 ...
Usually timber theft and timber trespass occurs when an adjacent parcel is logged and a logger intentionally or accidentally crosses the property line and harvests logs belonging to a neighbor. If you are the victim, you will want to know your neighbor's name so that you can obtain a copy of the relevant timber harvest contract.
Answered by forester Doug Enyart. Timber theft in Missouri is not on the rise, if anything there is less than in the past. But it does occur. The most usual manner is a perfect fit for the situation you describe. The loggers will take a few trees along the property line, usually the best, expecting that the landowner either won't find out until ...
A consultant offers this advice to experienced landowners selling timber: 1 Know what you are selling! Always have an inventory (cruise) before talking to timber buyers. 2 Know the product specifications. 3 Require a high advance deposit. 4 Require a high performance bond. 5 Use motion detector cameras with infrared cameras (hunting cameras that can be locked with a cable). 6 Require a load sheet with each settlement - watch a truck leave, then check to make sure they wrote down the correct information. 7 Require a copy of all scale tickets with each settlement. 8 Conduct a pre-harvest conference with the buyer, logger, and owner. Make sure the buyer and logger know you are checking on them. 9 Spot check the loader - watch them load each product - you have to know the product specifications. 10 Talk to the loader operator he is the one who makes or breaks product merchandising going on the truck. 11 Use a blend (one price for CNS/Sawtimber) - this eliminates poor merchandising issues on sawtimber products.
Hiring a professional forester is recommended as the development of a timber sale contract can intimidate most forest landowners. A professional forester will help guide the landowner through the timber sale process and ensure that all legal aspects of the contract are handled properly.
Lump sum or per-unit sales will mean different types of payment schedules. A lump sum sale involves a negotiated price for an entire timber tract or sales area. The seller will receive the total payment before the timber is cut.
Requiring a Performance Bond or Security Payment. Bonding or security payments ensure contract provisions are satisfied and that soil, water, and other resources are protected. All owners should mandate that adequate liability insurance is in place for all entities involved in the logging operation.
Clearly specify who assumes the liability from fire and other natural disasters during the length of contract. A sound contract covers all contingencies should a legal depute arise during the length of the contract.
A harvest map is a must in a proper timber sale. A Map details tract and sale boundaries, location of landings, stream crossings, logging roads, and any environmentally sensitive areas like wetlands or special wildlife habitats.
Before you reach the penalty stage, the prosecution will need to prove that you committed theft at trial. While the particular elements will depend on your state’s laws and specific type of crime, generally to prove theft the prosecutor must show beyond a reasonable doubt that: 1 The defendant intentionally took another person’s property; 2 The property belonged to someone else and was not the property of the accused; 3 The defendant did not have authorized consent or permission of the true owner; and finally, 4 The defendant had the specific intent to permanently deprive that person of their property.
A conviction for felony theft could forever alter your life as you could lose your job and face jail time. Your lawyer will be available to represent you during any court hearings, proceedings, and trial if necessary. Post Your Case - Get Answers from Multiple Criminal Defense Lawyers.
Theft felony laws, in general, are property crimes that involve the unlawful taking of another person’s property, with the requisite intent to permanently deprive that person of their property. Theft is commonly used as a general term to reference many different crimes. These may include grand theft, grand theft auto, larceny, ...
Depending on what state you live in your charge of theft may vary. For example, if you live in a state that considers theft to be a felony where $1000 or more is stolen and you steal an item worth $2000, you can be charged with a felony.
Grand Theft: Grand theft is the unlawful taking of property or money valued at a certain amount, generally over $1,000. In contrast, regular theft would be considered the unlawful taking of items or money valued less than $1,000. To reiterate, the amount will depend on your state’s laws;
To reiterate, the amount will depend on your state’s laws; Grand Theft Auto: Grand theft auto is the illegal taking of another person’s vehicle without their permission; Larceny: Larceny is the intent to deprive another person’s property and is used interchangeably with the term grand theft, depending on your state’s laws;
Embezzled funds are generally work-related and were to be used for specific purposes not related to personal use by the defendant; Robbery: Robbery is the taking of another’s belongings by use of force or coercion. The force must be imminent. This crime usually combines violence with theft.
A timber sale is a complicated transaction that most landowners are involved in once or twice in a lifetime, while timber buyers and loggers deal in timber on a daily basis. Ohio's Call Before You Cut campaign ( callB4Ucut.com or 1-877-4248288) is a valuable resource for woodland owners contemplating a timber harvest.
A law specific to farm situations is the law on "destruction of crops and timber." The law (Ohio Revised Code 901.51) states that "a person who, without permission, recklessly cuts, destroys, or injures crops, trees, vines, bushes, shrubs, or saplings growing on the land of another is guilty of a fourth-degree misdemeanor." "Recklessly" means that the offender realized the risk of harm that would be caused by his or her actions and acted with complete disregard of the harmful consequences. A person who violates this law is subject to a maximum imprisonment of 30 days and a maximum fine of $250. The crop and timber destruction law requires payment of damages to the property owner. In this case, the damages are severe—triple the amount of total loss to the property. These are referred to as treble damages. However, to successfully achieve a conviction and treble damages, the burden of proof is on the victim to show "reckless" cutting occurred for a civil action.
When someone enters another person's property and knowingly cuts and removes a tree or trees without the permission of the landowner it is known as timber theft. Since many cases of timber theft go unreported or are settled out of court, it is difficult to obtain reliable statistics. However, many in Ohio's forest community believe ...
Contracts should clearly spell out the amount, method and timing of payments from the sale of timber. To avoid confusion and disappointment on the part of the landowner, it is usually advisable to have a "lump-sum," "sealed-bid" timber sale.
Sealed-bid refers to the method recommended for landowners or their agents to conduct the actual bidding process. Pay as you cut or percentage sales are normally not recommended on hardwood sawtimber sales, because it is difficult to verify how much timber was removed and the price paid at the mill.
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If you have evidence that a particular person stole your property, you can file a case in civil court in the county where the theft occurred. Ask the court for an order requiring the person to return the articles to you in good condition or else pay you the value of the articles stolen. Note that this is not a criminal matter.
To start a case in small claims court, get a complaint or petition from the court, then fill it out with your name and address, the name and address of the defendant – the person you're suing – and the amount you are claiming. The filing fee is minimal, the wait time is short, and the proceeding is informal.
The amount you can sue for is limited depending on your jurisdiction. The limit ranges from $2,500 in Rhode Island to $25,000 in Tennessee.
A lawyer can advise an individual what they may be entitled to in their state, as laws vary by state. Issues may include alimony and child support. Without a lawyer, an individual runs the risk of inadvertently waiving their rights to alimony, visitation with their children, or even custody of their children.
A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.
It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.
Criminal law is the body of laws that pertain to crimes. Crimes are actions or behaviors prohibited by state or federal laws. Crimes are punishable by fines, probation, and/or imprisonment. Usually, crimes are categorized as misdemeanors or felonies.
Some guilty pleas, even to misdemeanor charges, can have long-term consequences. A guilty plea can also affect immigration status or lead to deportation of a non-citizen. It is important to remember that, in most cases, when an individual cannot afford a criminal lawyer, the court will appoint one to represent them.
Civil matters include contract disputes between businesses, real estate, and personal transactions. Unlike criminal cases, there is no determination of guilt or innocence. Usually, the parties may only recover monetary damages, including punitive damages in some cases.
In most cases, marriages do not require a lawyer but a prenuptial agreement should be reviewed by a lawyer. In some states, it is required, unless expressly waived, that an individual is represented before signing a prenuptial agreement. Many family law matters begin after a couple has been married.