# Loggers cut my timber!!!! On accident



## Stancil (May 2, 2001)

Hi,
I was hoping to tap your expertise in forstery for some direction in my situation.

Yesterday a timber company cut over an acre of our timber accidently. Not only have we lost many trees, we have also lost a great deal of privacy as many of these trees were close to our house. The company is waiting for us to tell them what it would take to make us happy, but I see no way to put a price on what has been done to us. We know absolutely nothing about timber or forestry or the cost and time involved with replanting. ANY direction or advice that you could provide would be VERY greatly appreciated. Thank you so much!!

Thanks,
Roxane Stancil


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## Deere John (May 3, 2001)

What a coincidence. I work for a large forestry company, and just this morning, I put the finishing touches on an ISO 14001 procedure regarding cutting timber close to private land. My policy states that we, as a standard procedure, must determine the property line and consult with the neighbour about both the location of the line and to make them aware of the future harvest. The procedure was written to avoid just your kind of problem.

If indeed the trespass was a accident, it was a preventable accident. No excuse. Note the period after "No Excuse". Your property should have been marked by them and that is readily done, even if costs are involved.

What to do? Well, I would take the position that they should have know, or ought to have know where the line was. Therefore, they have wronged you. If the timber was valuable, they stand to profit from the trespass. I would suggest that you research the value of the logs taken, and apply a 5-times-value rule to that. (That is typically applied to stumpage from state property in the event of a trespass). For example, if stumpage on logs is typically $25/ton (or whatever measurement unit), $125/ton should be considered as compensation for the timber. Now you mentioned other concerns - privacy. Perhaps they could replant or build you a fence or some other gimme.

Get your head around the fact that they did not do this by accident, and see where that takes you. Timber theft is very common, and it is not taken lightly by the courts, so you have an ace in your back pocket if they want to push against fair compensation.

Reply if you need further details on stumpage values or whatnot. I need to know the region and species and size and markets and ... Good Luck.


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## Toddppm (May 4, 2001)

Find a consulting arborist , you can check the International Society of Arboriculture website. I'm sure they had a value as timber but they also would have an ornamental value as mature trees if they were close to your house.


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## Darin (May 5, 2001)

I really dont think you could get better info than what Deere John has giving you. He deals with this everyday. Let us know what happens.
Darin


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## Deere John (May 9, 2001)

Stancil - how are you making out with your problem? Let us know - we're interested. BTW - the lumber market really took off last week. I think that it was not a coincidence that your trees left to feed a hungry mill the same week lumber prices jumped 20 percent.


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