FLtreeGuyVHTC
ArboristSite Operative
Thanks. I've ran into a few more big ones that I won't feel bad about killing. Tree is probably 80ft talk and dropping nuts down on a back yard of a daycare. Sometimes I feel bad about cutting this massive trees
Buyer Purchased Logs/ won't call back for pick up
- Thread starter FLtreeGuyVHTC
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Thanks. I've ran into a few more big ones that I won't feel bad about killing. Tree is probably 80ft talk and dropping nuts down on a back yard of a daycare. Sometimes I feel bad about cutting this massive trees
imagineero
Addicted to ArboristSite
That sure is a lot of talk.
FLtreeGuyVHTC
ArboristSite Operative
Yes with pictures to back it up... I'm in an area with a lot of large walnut and I cover a large area. Most people have a friend that will take the wood and brush.
imagineero
Addicted to ArboristSite
Even with pictures, it's still hard to believe 80ft talk.
FLtreeGuyVHTC
ArboristSite Operative
From the ground to the tips is at least that.
jagchaser
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Don't know what to think of these 2 threads of yours, but.....
Here in Nebraska it would be goverened under the abandon personal property statutes. If you were to get rid of the logs without going thru the right process you could get your tit in a wringer. Here all it takes is no communication for 30 days, then post a 10 day notice on the personal property. Notice says that after 10 days you will sell the property if the value is over $250 (if its less than 250 then I have the right to get rid of it without a sale). Any proceeds go towards storage fees first, but then remainder goes to the state to hold in his name.
Every state will have statutes about this, but Im sure they are all different. I am not an attorney, but I deal with enough tenants that I use these statutes often.
Here in Nebraska it would be goverened under the abandon personal property statutes. If you were to get rid of the logs without going thru the right process you could get your tit in a wringer. Here all it takes is no communication for 30 days, then post a 10 day notice on the personal property. Notice says that after 10 days you will sell the property if the value is over $250 (if its less than 250 then I have the right to get rid of it without a sale). Any proceeds go towards storage fees first, but then remainder goes to the state to hold in his name.
Every state will have statutes about this, but Im sure they are all different. I am not an attorney, but I deal with enough tenants that I use these statutes often.
jagchaser has a good point, you might want to check with your atorney about the proper way to handel it if the guy is a no show after giving him till friday... He might suggest a formal letter sent certified mail telling the guy he has 10 days before the property is forfeited. I guess that the burden of being a responsible business owner.
jagchaser
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Here you go. FL statute
Insert paragraph #2 A and not 2B because the value is over $500. Publish in a legal newspaper in your county if you don't have the guys address. Post the notice on the logs also. If he doesn't claim you will also have to publish a notice of sale in the paper.
REAL AND PERSONAL PROPERTY
PROPERTY: GENERAL PROVISIONS
F.S. 715.106
715.106 Form of notice concerning abandoned property to owner other than former tenant.—
(1) A notice which is in substantially the following form given to a person who is not the former tenant and whom the landlord reasonably believes to be the owner of any of the abandoned personal property satisfies the requirements of s. 715.104:
Notice of Right to Reclaim Abandoned Property
To: (Name)
(Address)
When (name of former tenant) vacated the premises at (address of premises, including room or apartment number, if any) , the following personal property remained: (insert description of personal property) .
If you own any of this property, you may claim it at (address where property may be claimed) . Unless you pay the reasonable costs of storage and advertising, if any, and take possession of the property to which you are entitled, not later than (insert date not fewer than 10 days after notice is personally delivered or, if mailed, not fewer than 15 days after notice is deposited in the mail) , this property may be disposed of pursuant to s. 715.109.
(Insert here the statement required by subsection (2))
Dated: (Signature of landlord)
(Type or print name of landlord)
(Telephone number)
(Address)
(2) The notice set forth in subsection (1) shall also contain one of the following statements:
(a) “If you fail to reclaim the property, it will be sold at a public sale after notice of the sale has been given by publication. You have the right to bid on the property at this sale. After the property is sold and the costs of storage, advertising, and sale are deducted, the remaining money will be paid over to the county. You may claim the remaining money at any time within 1 year after the county receives the money.”
(b) “Because this property is believed to be worth less than $500, it may be kept, sold, or destroyed without further notice if you fail to reclaim it within the time indicated above.”
History.—s. 11, ch. 83-151; s. 4, ch. 2001-179.
Insert paragraph #2 A and not 2B because the value is over $500. Publish in a legal newspaper in your county if you don't have the guys address. Post the notice on the logs also. If he doesn't claim you will also have to publish a notice of sale in the paper.
REAL AND PERSONAL PROPERTY
PROPERTY: GENERAL PROVISIONS
F.S. 715.106
715.106 Form of notice concerning abandoned property to owner other than former tenant.—
(1) A notice which is in substantially the following form given to a person who is not the former tenant and whom the landlord reasonably believes to be the owner of any of the abandoned personal property satisfies the requirements of s. 715.104:
Notice of Right to Reclaim Abandoned Property
To: (Name)
(Address)
When (name of former tenant) vacated the premises at (address of premises, including room or apartment number, if any) , the following personal property remained: (insert description of personal property) .
If you own any of this property, you may claim it at (address where property may be claimed) . Unless you pay the reasonable costs of storage and advertising, if any, and take possession of the property to which you are entitled, not later than (insert date not fewer than 10 days after notice is personally delivered or, if mailed, not fewer than 15 days after notice is deposited in the mail) , this property may be disposed of pursuant to s. 715.109.
(Insert here the statement required by subsection (2))
Dated: (Signature of landlord)
(Type or print name of landlord)
(Telephone number)
(Address)
(2) The notice set forth in subsection (1) shall also contain one of the following statements:
(a) “If you fail to reclaim the property, it will be sold at a public sale after notice of the sale has been given by publication. You have the right to bid on the property at this sale. After the property is sold and the costs of storage, advertising, and sale are deducted, the remaining money will be paid over to the county. You may claim the remaining money at any time within 1 year after the county receives the money.”
(b) “Because this property is believed to be worth less than $500, it may be kept, sold, or destroyed without further notice if you fail to reclaim it within the time indicated above.”
History.—s. 11, ch. 83-151; s. 4, ch. 2001-179.
luckydozenfarm
THE MAN OF STIHL
In Texas, all you have to do is have it hauled it off if you didn't want it on your property. If you wanted to claim it as your own then you would have to file a lien on it (for rent/storage due) at the courthouse. Texas has great non-consent property tow-removal laws. I used to work for a wrecker service and I know that's how its done with automobiles. I'm sure the law would pertain to any property if you checked.
lmbrman
stumped
special rules apply to timber and forest products in WI, not sure about your state-
c5rulz
Addicted to ArboristSite
lmbrman
stumped
WI 26.0526.05 Timber theft. 26.05(1)(1) Definition. In this section, "raw forest products" means forest products not altered by a manufacturing process off the land from which they are taken and includes seedlings, saplings, shrubs, whole-tree chips, boughs, logs, pilings, posts, poles, cordwood products, pulpwood, fuel wood and Christmas trees. 26.05(2)(2) Consent of owner required. No person may cut, remove or transport raw forest products or direct the cutting, removal or transportation of raw forest products without the consent of the owner. Penalties to include 3times the value of the product in question.
lmbrman
stumped
Thing is, most loggers around here spend thousands of dollars each week on fuel. Little money to an attorney to take the statutes and use them to their clients advantage would not be a noticeable cost.
Often we leave a partial load somewhere for months till we can top the load with another partial nearby. I hope you get this resolved without issue to either party. Not always possible though.
There was a situation in Clark county WI years back where a logger named Mark left some cordwood on a landing for over six months, several loads. Some guys dumped waste oil on the pile and burned it. That wienie roast cost them a lot of money. It might have cost more than money if Mark caught them himself, but they lucked out and dealt with the police instead.
-dave
Often we leave a partial load somewhere for months till we can top the load with another partial nearby. I hope you get this resolved without issue to either party. Not always possible though.
There was a situation in Clark county WI years back where a logger named Mark left some cordwood on a landing for over six months, several loads. Some guys dumped waste oil on the pile and burned it. That wienie roast cost them a lot of money. It might have cost more than money if Mark caught them himself, but they lucked out and dealt with the police instead.
-dave
jagchaser
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There may be some special exception for timber and forestry products in WI, but that paragraph was strictly about timber theft. If there is a contract that says timber must be removed before a specific date then abandon personal property statutes would start to kick in after that date. If there was no contract then the burden is on the owner of the land to inform the owner of the personal property that they have so long to get it moved. Legally notice can be served a few different ways, certified mail, personal service by a process server, publication, or others depending on state and circumstance. Text, email, Phone calls are NOT normally good enough.
They guy, Mark, who you quoted above was probably not served any notice before the fire.
They guy, Mark, who you quoted above was probably not served any notice before the fire.
lmbrman
stumped
hehehehe, heck, Mark never found out his wood was burnt till he sent one of his truckers to pick it up. Wood was on county land and they told him to move it several times, then it's gone, a pile of ash. Mark sold plenty of 8' firewood and always let it dry on the landing, that time it didn't work for him. Or maybe it did- state prosecuted it as timber theft in order to triple the value for restitution purposes. Mark's story was included for a laugh.
Not going to argue about the statute and abandoned property law, you are certainly not wrong, but also not likely correct, especially if an if an attorney gets involved, or a timber friendly DA. The above is the definition of timber and forest products theft, to include removal without consent.Timber is the number one industry in WI dollars wise and many of the laws were written with the timber industry in mind years ago. There are attorneys who follow the law and some who utilise the law. One must make choices accordingly. If one looks at public buildings, roads, parks, etc here many are named after timber folks. That should speak for itself. In reference to the OP and his situation I don't know of any loggers around here that would move that wood for him without concern. The concern would be timber theft laws here. Other states vary so that may not apply where he is located. Just how things are here, that's all this dumb logger knows about.
I have to admit, I ddi not know that some forms of theft or removal of forest products now demand a penalty of 4X the value. Had a viewer point that out to me privately to keep this thread on topic.
If the wood could be treated as personal property it might help the OP. Timber and forest products can be personal property under some circumstances, but cannot under others. Attorney might be able to play that one. DA might help, but it could still come right back at the OP pending state laws there. I would start with the DA and take it as free advice. Free things are sometime OK, but sometimes you get what you pay for.
Just like the info here
-dave
Not going to argue about the statute and abandoned property law, you are certainly not wrong, but also not likely correct, especially if an if an attorney gets involved, or a timber friendly DA. The above is the definition of timber and forest products theft, to include removal without consent.Timber is the number one industry in WI dollars wise and many of the laws were written with the timber industry in mind years ago. There are attorneys who follow the law and some who utilise the law. One must make choices accordingly. If one looks at public buildings, roads, parks, etc here many are named after timber folks. That should speak for itself. In reference to the OP and his situation I don't know of any loggers around here that would move that wood for him without concern. The concern would be timber theft laws here. Other states vary so that may not apply where he is located. Just how things are here, that's all this dumb logger knows about.
I have to admit, I ddi not know that some forms of theft or removal of forest products now demand a penalty of 4X the value. Had a viewer point that out to me privately to keep this thread on topic.
If the wood could be treated as personal property it might help the OP. Timber and forest products can be personal property under some circumstances, but cannot under others. Attorney might be able to play that one. DA might help, but it could still come right back at the OP pending state laws there. I would start with the DA and take it as free advice. Free things are sometime OK, but sometimes you get what you pay for.
Just like the info here
-dave
lmbrman
stumped
Innocence and ignorance can get a guy around some stuff. Things can quietly happen. Not so much after posting on the internet.
loggers aint no ordinary dumbies
loggers aint no ordinary dumbies
jagchaser
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I see where my misunderstanding was. A third party destroyed the wood on the landing, that absolutely makes it a criminal matter and not a civil matter. I assumed you meant the landowner burned the wood which would have been strictly civil.
lmbrman
stumped
meh, no biggie, not sure who misunderstood, and the OP doesn't seem to care anymore so we shouldn't either-
it's all free here and that's what it's worth
it's all free here and that's what it's worth
