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Assessing and Understanding Timber Trespass and Theft Laws in the Appalachian Region
Author(s) -
Michael J. Mortimer,
Shawn A. Baker,
Robert M. Shaffer
Publication year - 2005
Publication title -
northern journal of applied forestry
Language(s) - English
Resource type - Journals
eISSN - 1938-3762
pISSN - 0742-6348
DOI - 10.1093/njaf/22.2.94
Subject(s) - trespass , statute , statutory law , law , business , political science
Many forest landowners in the Appalachian region are at risk from timber theft and trespass. State laws within this region provide a confusing assortment of civil and criminal remedies to address such infractions. These heterogeneous laws address timber theft in varying specificityand intensity. A range of interpretations by courts have further impacted the meaning and effectiveness of existing laws. Few current civil and criminal remedies appear to provide sufficient protections for private forest landowners, and review and revision of existing statutory structuresis warranted. Specific areas of focus should include statutes of limitation, the issue of trespasser intent, and the method for ascertaining the landowners' damages.North. J. Appl. For. 22(2):94–101.

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