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CAN
THEY DO THAT ??
TIMBER
TRESPASS
Janet
T. Mills, Esq.
WRIGHT
& MILLS, P.A.
I INADVERTENTLY
CUT SOME TREES ON MY NEIGHBOR'S PROPERTY
AND NOW SHE WANTS ME TO PAY HER TWICE THE
VALUE OF THE TIMBER I
CUT.
Can
she do that?
Yes
she can!
The
penalties for illegal timber cutting in
Maine are very severe. Even if you
negligently or without fault cut down
trees on somebody else's land without
permission, you could be liable for twice
the owner's damages.
The
owner's damages may be the reduction in
value of their property or it may be the
value of the timber itself. The value of
the timber is determined by the diameter
of the tree at 4 1/2
feet.
If
the cutting was done negligently or
without fault, you could be liable for
twice the owner's
damages.
If
the cutting was done intentionally or
knowingly, then you could be liable to the
owner for three times the owner's
damages.
In
addition you could be ordered to reimburse
the owner the costs of a professional
forester and the costs of defending the
owner against any land use violation
brought by the
government.
When
you cut on someone else's property, you
can also be charged by the state with a
civil violation and be ordered to pay a
forfeiture to the state, in addition to
civil damages you may be ordered to pay to
the owner. The state does not have to
prove that you knew you were cutting on
someone else's land or that you did not
have permission.
Even
if you didn't personally cut the trees but
someone else did it for you, you may be
liable.
So,
when cutting trees, make sure you are
cutting on your own land or that you are
cutting on someone else's land with
permission!
It's
the law!
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