I can't believe this (timber cutters)

[weimhunter]

We have a flooded timber hole next to the Tenn Tomm in Hamilton Ms. Many of you have hunted there with me and know it is not easy to get to but we always kill mallards and towards the end of season we get alot black ducks. My brother went to scout it out today he found that someone had gone in the backside and clear cutter about 20 acreas of hardwood timber! How in the heck could this happen. It looks like the landowner next to us had a small track cut also and they just took our timber as well. Needless to say we had the law and our lawyer down there tonight. Has anyone else been threw this? This really pisses me off. I am still not sure if they got into the flooded part yet. This really sux!

[BR549]

Yea, ask my brother next time you see him! We've been in a lawsuit for a little over 2 years now for the same thing! Good luck! You fixin to really spend some money now!

[SWAG]

That is a terrible situation. I would not stop at just the value of the wood that was harvested when setting up the lawsuit, but also added $$$ for how long (if ever) it will take the trees to start providing what they were providing before. A naturally occurring "greentree" area along the Tenn-Tom is an ecosystem that is valuable in itself. Bottomland hardwood just ain't found around every corner. The wood harvested is your base minimum, everything goes up from there. Ever notice any bats on your place? Betcha have . Several critters out there very dependent on exactly what you had, and now it is gone. Not sure you can put a $$$ value on what all may have been lost, but I am sure the right lawyer will attempt to find out.

[duckzilla]

Landowners are usually awarded triple the stumpage prices for cases like this. Make sure you have a good survey and documentation, you need a good lawyer and reputable registered forester with experience in cases like this.

[mfalkner]

Weim,

Check your PM's

[GulfCoast]

Reggie:

I believe there is a statute on "boxing timber." Your atty will know. I hate some feckhead messed up your hole.

[YazooValley]

The statute says you get double the fair market value of the trees cut plus up to $250 an acre in reforestation costs. If you can prove reckless disregard, you can get an additional $55 per stump for trees over 7 inches. And the statute says you can get attorneys fees and expert fees.

[weimhunter]

Thanks guys. Our lawyer is on there tail and we had a forestry guy do a surv this am.

[grik]

§ 95-5-10. Cutting down or killing trees

(1) If any person shall cut down, deaden, destroy or take away any tree without the consent of the owner of such tree, such person shall pay to the owner of such tree a sum equal to double the fair market value of the tree cut down, deadened, destroyed or taken away, together with the reasonable cost of reforestation, which cost shall not exceed Two Hundred Fifty Dollars ($250.00) per acre. The liability for the damages established in this subsection shall be absolute and unconditional and the fact that a person cut down, deadened, destroyed or took away any tree in good faith or by honest mistake shall not be an exception or defense to liability. To establish a right of the owner prima facie to recover under the provisions of this subsection, the owner shall only be required to show that such timber belonged to such owner, and that such timber was cut down, deadened, destroyed or taken away by the defendant, his agents or employees, without the consent of such owner. The remedy provided for in this section shall be the exclusive remedy for the cutting down, deadening, destroying or taking away of trees and shall be in lieu of any other compensatory, punitive or exemplary damages for the cutting down, deadening, destroying or taking away of trees but shall not limit actions or awards for other damages caused by a person.

(2) If the cutting down, deadening, destruction or taking away of a tree without the consent of the owner of such tree be done willfully, or in reckless disregard for the rights of the owner of such tree, then in addition to the damages provided for in subsection (1) of this section, the person cutting down, deadening, destroying or taking away such tree shall pay to the owner as a penalty Fifty-five Dollars ($55.00) for every tree so cut down, deadened, destroyed or taken away if such tree is seven (7) inches or more in diameter at a height of eighteen (18) inches above ground level, or Ten Dollars ($10.00) for every such tree so cut down, deadened, destroyed or taken away if such tree is less than seven (7) inches in diameter at a height of eighteen (18) inches above ground level, as established by a preponderance of the evidence. To establish the right of the owner prima facie, to recover under the provisions of this subsection, it shall be required of the owner to show that the defendant or his agents or employees, acting under the command or consent of their principal, willfully and knowingly, in conscious disregard for the rights of the owner, cut down, deadened, destroyed or took away such trees.

(3) All reasonable expert witness fees and attorney's fees shall be assessed as court costs in the discretion of the court.

[Roach]

I used to handle a lot of these cases for for insurance companies that insured the loggers....lets hope the they had coverage in force at the time.

[MudHog]

I'm just curious as I'm reading this, did they illegally log the area? Not quite sure I understand what is going on here. I've been in a deer lease where loggers have came in and clear cutted an area, but it was legal and came with the territory of the lease.

[weimhunter]

I'm just curious as I'm reading this, did they illegally log the area? Not quite sure I understand what is going on here. I've been in a deer lease where loggers have came in and clear cutted an area, but it was legal and came with the territory of the lease.

This was on our private owned land. The azzholes illegally logged. There is no lease we own it.

[mcleoca]

That's terrible, my whole family is in the timber business and has been for over 65yrs and we have cut less than a 1/2 acre of mismarked timber. Whoever the forester was if there was one, should have a liability policy! If not good luck in court with the logger. Just to keep a fire under someones booty call your state environmental management agency and the EPA if they harvested any timber near any water "even a mudhole". Have them look at the site no matter what even if its not close to water they will find something wrong with their practices i promise. If not, at least they did their job and earned some of your tax dollars!

[MudHog]

I'm just curious as I'm reading this, did they illegally log the area? Not quite sure I understand what is going on here. I've been in a deer lease where loggers have came in and clear cutted an area, but it was legal and came with the territory of the lease.

This was on our private owned land. The azzholes illegally logged. There is no lease we own it.

that explains it, thanks.


good luck with whatever comes about, sounds like it might be a long road ahead.

[timberjack]

Accidentally cutting over a property line (example- if the line was marked incorrectly or not at all) is usually double stumpage, knowingly cutting over the line (intentional timber theft) is usually triple stumpage. It's a bad deal for all parties involved either way, it'll all come out in court so let the lawyers sort it out and hope they have a big ins policy. Doubt they got in your flooded timber, next to impossible to log in the water- good luck.