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Woodland owners can protect land from timber
trespass, theft
By
Katie
Pratt
LEXINGTON, Ky. (Jan. 16, 2008) – While timber theft and timber
trespass have received a fair amount of media coverage recently,
Jeff Stringer, UK associate extension professor for hardwood
silviculture and forest operations, said the problems have
existed for a number of years, and there are measures woodland
owners can take to protect their trees.
“I get two to three calls per month from property owners seeking
advice on timber trespass issues,” he said. “Their frustration
can be pretty extreme, and it’s an issue we badly need to deal
with.”
Stringer said although timber theft and timber trespass may seem
similar, they are two different things. Timber theft occurs when
someone intentionally steals timber from a woodland owner.
Timber trespass is the result of a logger or landowner
accidentally cutting down adjacent landowner’s trees, thinking
the trees were within the boundary of their property. Timber
trespass occurs more often than timber theft, which happens most
often in remote rural settings where landowners may reside a
great distance away or are absent from their land. It
particularly is problematic in eastern Kentucky.
Kentucky is not the only state to deal with timber theft and
trespass issues. Several Midwestern and Eastern states also face
similar problems and concerns from woodland owners, Stringer
said.
Protecting woodlands can be tricky, but landowners can take
measures to try to prevent timber trespass and theft on their
property. Stringer said landowners should be aware of their
boundaries and have them clearly marked. A surveyor can help
determine where a property line is, but they will charge a fee
for their services. Landowners that do not reside on their
forested property should have someone keep close watch over
their land. Landowners should let adjoining property owners know
they do not want their timber logged and to contact them if the
adjacent owner sees or suspects the occurrence of any suspicious
logging activity on the absent owner’s property.
Timber trespass and theft only occur in a very small portion of
the logging industry by a handful of loggers, but the crime
still needs to be addressed, Stringer said. He added that there
are nearly 3,000 logging firms in the state and most are
reputable, locally based businesses in rural communities. The
forest industry contributes about $6 billion to the state’s
economy each year. Loggers directly provide between $180 to 200
million in timber payments to woodland owners.
“It’s only a small group of loggers that are giving the logging
and forest industries a black eye,” Stringer said.
The state has a Drift, Logs and Timber law, also known as the
timber trespass law, which entitles the rightful landowner of
illegally cut timber to three times the value of the timber and
three times the cost of the damages caused by the trespass. Both
the logger and landowner can be held responsible.
“It is the very first thing I teach in the Master Loggers
program,” Stringer said, emphasizing the importance of the law.
Stringer said woodland owners have a harder time receiving
reimbursements for timber theft than timber trespass because
most law enforcement agencies don’t vigorously investigate and
prosecute offenders. Most law enforcement officers are not
familiar with the forest industry and timber’s value, he added.
Timber theft is considered larceny like other types of stolen
property. Once stolen timber leaves a property and reaches a
sawmill, it is impossible for law enforcement agencies to track
the timber.
“It is the lack of vigorous law enforcement that contributes to
this problem,” Stringer said.
Victims of timber trespass and theft should contact a consulting
forester who can estimate the value of the lost timber.
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Contact: Jeff Stringer, 859-257-5994
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