Louisiana Revised Statutes 3:4278.1
Trees, cutting without
consent
§4278.1. Trees, cutting without consent; penalty
A. It shall be unlawful for any person
to cut, fell, destroy, remove, or to divert for sale or use, any
trees, or to authorize or direct his agent or employee to cut, fell,
destroy, remove, or to divert for sale or use, any trees, growing or
lying on the land of another, without the consent of, or in
accordance with the direction of, the owner or legal possessor, or
in accordance with specific terms of a legal contract or agreement.
B. Whoever willfully and intentionally violates the provisions of
Subsection A shall be liable to the owner
or legal possessor of the trees for civil damages in the amount of
three times the fair market value of the trees cut, felled,
destroyed, removed, or diverted, plus reasonable attorney's fees.
C. Whoever violates the provisions of Subsection
A in good faith shall be liable to the owner or legal possessor
of the trees for three times the fair market value of the trees cut,
felled, destroyed, removed, or diverted, if circumstances prove that
the violator should have been aware that his actions were without
the consent or direction of the owner or legal possessor of the
trees.
D. If a good faith violator of Subsection A
fails to make payment under the requirements of this Section within
thirty days after notification and demand by the owner or legal
possessor, the violator shall also be responsible for the reasonable
attorney fees of the owner or legal possessor.
E. The provisions of this Section shall not apply to the clearing
and maintenance of rights of way or to utility service situations
where a utility is acting in good faith to minimize the damage or
harm occasioned by an act of God. The provisions of this Section
shall not apply to land surveying by or under the direction of a
registered professional land surveyor, duly registered under the
laws of the state of Louisiana.
F. Whoever violates the provisions of Subsection
A as they relate to the cutting of standing cypress trees on
water bottoms owned by the state of Louisiana shall, in addition to
the penalties otherwise provided in this Section, be subject to a
fine not to exceed five thousand dollars, imprisonment not to exceed
six months, or both.
Acts 1987, No. 144,§ 1; Acts 1992, No. 405,§ 1.
§4278.2. Sale of undivided timber interest; consent
of co-owners; theft
A. A co-owner or co-heir of land may execute an act of timber
sale whereby he sells his undivided interest in the timber, and any
condition imposing a time period within which to remove the timber
shall commence from the date of its execution.
B. A buyer who purchases the timber from a co-owner or co-heir of
land may not remove the timber without the consent of the co-owners
or co-heirs representing at least eighty percent of the ownership
interest in the land, provided that he has made reasonable effort to
contact the co-owners or co-heirs who have not consented and, if
contacted, has offered to contract with them on substantially the
same basis that he has contracted with the other co-owners or
co-heirs.
C. A co-owner or co-heir of the land who does not consent to the
exercise of such rights has no liability for the cost of timber
operations resulting from the sale of the timber, and shall receive
from the buyer the same price which the buyer paid to the other
co-owners or co-heirs. The consenting co-owners or co-heirs shall
agree to indemnify and hold harmless the nonconsenting co-owners or
co-heirs for any damage or injury claims which may result from such
operations.
D. If the nonconsenting co-owner or co-heir fails or refuses to
claim his portion of the sale price of the timber, the buyer shall
be obligated to hold such funds in escrow, for and on behalf of such
nonconsenting co-owner or co-heir and any interest or other income
earned by such funds in escrow shall inure to the benefit of the
co-owner or co-heir for whom they are held.
E. Failure to comply with the provisions of this Section shall
constitute prima facie evidence of the intent to commit theft of the
timber by such buyer.
Acts 1992, No. 223,§ 1.
§4278.3. Transporting or receiving of forest
products; records; rules; penalties
A. In addition to other requirements as provided by law, a person
transporting or receiving forest products shall maintain appropriate
records as required by the commissioner of agriculture and forestry
to verify the origin and ownership of such forest products.
B. The commissioner of agriculture and forestry, with the advice
of the Louisiana Forestry Commission, shall adopt rules and
regulations in accordance with the Administrative Procedure Act to
implement the provisions of this Section. The commissioner may
impose a civil penalty of not more than five thousand dollars for
failure to comply with the provisions of this Section. Each day a
violation occurs shall be considered a separate violation. Such
penalty shall be in addition to any other penalties or sanctions
provided by law.
Acts 1999, No. 9,§ 1.
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