Green Horizons

Timber trespass is the term commonly used in forestry circles to describe the unapproved cutting of trees and removal of timber. This crime occurs for three primary reasons.

Even though this silver maple had a rotten base, it did not stop this timber thief in taking what usable wood he could (as shown by shaded area).

First, it is highly profitable. A single, high-quality veneer tree can bring more than $5,000 at the sawmill.

Second, it is very difficult to catch and convict thieves. Well-developed public roads offering access to remote and sparsely populated areas often surround forestland and are out of sight of surrounding landowners. The hauling of logs is a common sight in many areas. Thus, once it is removed, stolen timber is easily concealed within the traffic of legitimately harvested timber. Also, in many regions, the relative abundance of small sawmills makes disposing stolen timber relatively easy.

Thirdly, timber trespass commonly results from improperly marked or located property boundaries. Trees are often taken accidentally when landowners and loggers do not check the apparent locations of property lines with adjacent landowners.

The legalities of timber trespass can be very confusing. It actually encompasses two distinct violations: a property trespass and a timber trespass.

In Missouri, first-degree trespassing is a Class B Misdemeanor, with potential punishment of a maximum $500 fine and/or a maximum of six months in jail. First-degree implies willful intent; such as ignoring fence lines, "No Trespassing" signs, or purple paint (see Purple Paint Statute, pg. 7).

Missouri has two timber trespass statutes that award two levels of damages. MO. ANN. STAT.  537.340 awards treble damages plus costs for any taking of timber. However, MO. ANN. STAT.  537.360 awards only actual damages plus costs if it is shown that a defendant had probable cause to believe that the timber was his or her own.

How to Protect Yourself
So, what can you do? Remember, the best defense against timber theft is a good offense.

If you are a woodland owner who is getting ready to cut timber, you should:

1. Clearly mark all timber sale boundaries.
2. Make sure your timber contract clearly states the sale boundaries and make sure everyone involved in the harvest knows the boundaries.
3. Notify your neighbors that have property adjacent to the timber sale of the impending harvest.

If you are not planning a harvest in the immediate future, you should:

1. Make a copy of your deed and keep it handy.
2. Have boundaries clearly marked so that they can be readily seen from adjacent properties.
3. Contact your neighbors and let them know you have interest in managing your woodlands and do not plan on harvesting any timber in the foreseeable future.
4. Walk your woodlands frequently throughout the year. In addition to keeping an eye out for illegal activities, it will also give you the opportunity to spot developing insect and disease outbreaks before they become major headaches.
5. If you are an absentee landowner, ask your neighbors to keep an eye on your woodlands. Be sure to provide them with your contact information. Ask them to contact you if they see any harvesting activity on your property, and ask them to inform you if they are planning a harvest.
6. Contact your MDC Forester. He or she can advise you whether you have valuable timber and whether it is at risk for theft.
7. Contact a consulting forester and have him or her inventory your woodland to determine timber value. In addition to advising you on your risk of a potential timber theft, the inventory they perform can be used to determine basis for capital gains when you sell timber in the future.

Unfortunately, timber trespass is all too common in Missouri. And while laws do exist, law enforcement is often ill-equipped to investigate timber trespass, and law enforcement and the courts do not pursue timber trespass aggressively. In addition, it is the landowner who must bear the financial burden in proving a case of timber trespass. Unfortunately, these conditions mean that timber trespass and timber theft will continue to occur unless something changes to treat timber trespass as a serious crime.

Despite the heavy workload of law enforcement officers, if you do discover an active timber theft do not try and take matters into your own hands. Contact authorities and let them confront the thieves. Property, even if it is a walnut tree, is not worth a human life.

In the summer of 2006 the MU Horticulture and Agroforestry Research Center (HARC) became a victim of timber trespass. Just out of sight of the office and along the old railroad spur laid a narrow sliver of woods that contained large silver maples interspersed with several large walnuts and oaks.

While the majority of the farm personnel was revamping the flood control lab on the other side of the farm, a logger took advantage of an heir to the neighboring farm who did not know where the property line lay, crossed the line and harvested 67 HARC trees. It was purely by accident that farm personnel discovered the theft.but, it was long after the fact.