Green Horizons
Volume 12, Number 3
Summer 2008



Preserving the Family Forest: Accurately Assessing Your Heirs

David Watson and Kirk Fine,
Financial Planners and Missouri Tree Farmers


Professional consulting foresters profess the importance of
periodically taking a forest inventory. This step is fundamental to
sound stewardship of our forestland. It provides an accounting of our
timber and other natural assets; identifies work completed and projects
yet unfinished; notes the strengths and weaknesses of our particular
tree farm or forestland; and forms a basis for future management
decisions.

In the succession planning process, there is a similar step for
forestland owners. It is often referred to as an "Heir Assessment" but
it can be likened to an "inventory" of sorts. It is an assessment of
the abilities and personal situations of the potential heirs.

For most forestland owners, the personal, family and financial issues
impacting their children (or other heirs) are difficult to understand
and predict. However, these issues have a direct impact on how
successful an inter-generational transition will be. Keep in mind, all
families have issues and events that challenge (or will challenge) the
relationships between parents and children, between siblings, or
between the spouses of children.

The purpose of an Heir Assessment is not to necessarily prevent these
issues from occurring, but rather to take an honest, objective look at
the strengths and weaknesses of your family so that you can plan for
these challenges.

Similar to a forest inventory, a forestland owner should not only
assess the current family situation, but should attempt to identify
issues or characteristics that may present challenges to a successful
transition in the future. Here is a partial list of questions/issues
that can be used to evaluate your heirs, and their ability to continue
your legacy for years to come:

Passion for Forestland

 Do your heirs share your passion for the forestland?

 Do your heirs have a deep level of respect for wild places and wild
things, or do they value the comforts of modern society more?

 Do the heirs see the family forestland as an heirloom, or just
another financial asset? Involvement in the Tree Farm/Forestland

 Do the heirs understand the management issues involved in owning a
woodland?

 Do they understand your management strategies?

 Are your heirs capable and willing to do the manual labor required
to manage the property?

 Are they involved today?

 Do they enjoy it? Personal Issues

 Do your heirs get along with each other?

 Can they work together in a business relationship?

 Are the various marriages likely to last?

 Are there health issues?

 Are there any psychological, emotional or chemical dependency issues?

 Where do they live? Do the lifestyles allow for forestland
involvement? Financial Issues

 Are the heirs on a solid financial footing?

 Do they understand money?

 Are there future financial pressures that may arise (i.e. divorce,
bankruptcy, nursing home expenses)?

The key is to be as honest as you can be in evaluating all of your
heirs (children, spouses, grandchildren, etc.). Anticipating what
obstacles may develop is the first step to designing a plan that is
good for the family and good for the forestland. The goal is to create
a plan that minimizes family conflict, while preserving the family
forest.



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Fruitful Findings: Shiitake

Michelle Hall, MU Center for Agroforestry


Interest in fresh shiitake mushrooms is increasing with gourmet chefs,
farmers' markets and household consumers, as information spreads about
their nutritional benefits and rich, versatile taste. Markets for
shiitake and other specialty gourmet mushrooms continue to show
promising profit potential for Missouri forest landowners.  Cultivating
shiitake mushrooms allows forest landowners and home gardeners an
opportunity to utilize trees thinned from woodlots as well as
branch-wood cut from the tops of larger trees. When the mushrooms are
harvested and marketed, the result is a relatively short-term payback
for long-term management of wooded areas.

The practice of intentionally managing shade levels in a forest to
favor the production of certain crops represents the agroforestry
practice called forest farming. Properly applied, forest farming can
enhance and diversify income opportunities, while at the same time
improving the composition and structure of the forest for long-term
stand health and economic value. By developing an understanding of the
interactions between the overstory trees and the understory
environment, forest management activities can be used to create
understory sites ideal for growing profitable shadeloving crops like
shiitake mushrooms.

University of Missouri Center for Agroforestry experts have been
working since 1999 to determine the best logs, strains and spawn for
growing shiitake in Missouri.

UMCA mushroom studies were quite "fruitful" in 2007 as numerous
research questions were answered to help growers, including:

 Sugar maple logs outperform oak as mushroom hosts (especially when
sugar maple are harvested in February).

 Wide-temperature shiitake strain outperforms warm- and cold-weather
strains.

 Sawdust spawn outperforms dowel or thimble.

 Fruiting is most abundant in years two and three after logs are
inoculated. Although fruiting will continue for about six years,
gradually declining, contaminant wood-decay fungi will become
increasingly prevalent.

 Chilled immersion water improves mushroom yield; well water is
recommended over surface water when force fruiting (soaking logs in
water to simulate natural rainfall and encourage mushrooms to fruit).

 Force fruiting compresses and increases production of logs to three
years (spawn run plus two).

 The efficacy of force fruiting depends on ambient temperatures and
the spawn strain used. Cold-weather strains respond poorly to force
fruiting.

A completely updated version of UMCA's Agroforestry in Action: Growing
Shiitake Mushrooms in an Agroforestry Practice, is now available
online at http://www.
centerforagroforestry.org/pubs/index.asp#mushguide

This guide, authored by MU's Johann Bruhn, research associate
professor, Division of Plant Sciences, takes landowners step by step
through the growing process, from managing shade levels for production
to marketing the fresh mushrooms. New findings are incorporated
throughout the publication.

The printed version of the revised guide is coming soon - contact
Michelle Hall, senior information specialist with UMCA, at
hallmich@missouri.edu or 573-882-9866, to be placed on the list for a
copy. In the meantime, view and/or print off a copy at the site above.



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Landowner Spotlight: Mark Hadley - A Crew of One

Since 1978, Mark Hadley has been a logging crew of one; not only on
his 600-acre forest outside of Annapolis, Mo., but throughout Iron,
Madison, Reynolds and Wayne counties. He added a Wood-Mizer band saw
mill in 1986, and a Nyle 4,500-bd.ft. electric dry kiln in 1996. The
experience he gained operating his Wood-Mizer and his entrepreneurial
spirit has led him to provide customer support for Wood- Mizer in
forested regions of the Amazon, Eastern Europe, Asia, Indonesia and
New Zealand.

Hadley considers his small-scale logging relatively easy work. But,
even small-scale logging can be extremely dangerous. Don't try this
without proper training and building experience with a logging
professional.

He uses a John Deere 5300 4X4 tractor to skid and load his logs at the
logging site. Landowners like Hadley's smallscale equipment and the
personal attention he gives to felling and skidding timber to the log
deck.

Hadley classifies the logs into three categories: top logs, tie logs
and grade logs. He sells finished products only to the wholesale
markets of flooring, pallet squares and cross ties. The exception is
dried lumber which he markets wholesale to local furniture and
cabinetry manufacturers. Occasionally, a friend will bring Hadley a
log for custom sawing and drying for a personal project.

Top Logs

These are the straight, small-diameter logs from the top of the trees,
from 10 down to eight inches in diameter on the small end and 8'8" or
10'6" long. Hadley brings them to his mill and stacks them aside to be
used like a savings account in times of bad weather or between
harvests.

He can square 50 of these logs into 4"x6" and 6"x6" cants for use in
the local pallet mills. An occasional top log might even yield a few
4/4 (pronounced "four-quarter") flooring boards. But don't let sawing
50 logs a day lead you to believe he makes a ton of money processing
these small logs. Hadley says it is the worst income per hour, "but in
times of bad weather is a nice alternative to being broke."

Butt Logs

A butt log is the first log above the stump. They are 11+ inches in
diameter at the small end and up to 8'8" long. The very best logs are
placed in his grade log pile at the sawmill and the landowner is paid
an additional premium for those higher-grade logs.

The remaining butt logs are tie logs (as in railroad ties) and are
sawn into either 6"x8" or 7"x9" square cants. "This is our money
maker," says Hadley. "One person can saw 30 logs in a six-hour day and
with good tie logs get several hundred feet of flooring lumber."

Quarter Saw Grade Logs

"These are the logs we paid a premium for to the landowner when we
were sorting the tie logs," explains Hadley. They need to have a
minimum diameter of 16 inches on the small end and be perfectly
symmetrical with no blemishes.

As the name indicates, these logs are quarter-sawn to achieve the
highest value-added product. Hadley's daily board foot production
drops significantly, but the value per board foot for kiln dry quarter
sawed lumber is remarkable. A grade log 18 inches in diameter scales
out 110 bd.ft.; 100 bd.ft. of which is quarter sawed lumber. There are
four triangular slabs left from quarter sawing that are processed into
2"x2" turning squares. There are always a few nice 1" square garden
stakes from the log as well.

Hadley usually logs one week and then spends the following week
processing the logs and marketing his end products.

For more information on quarter sawing, band saw blade sharpening and
sawmill operation visit www.hadleysawmill. com



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Forest from the Trees: Even Before We Get Started

Dave Murphy, Missouri Conservation Federation


In October 2007, our farm became certified in the Missouri
Tree Farm program. Others have suggested several
times that details of this living history may prove useful to
some folks and interesting to many more. This is the second
installment of this series.

Our story had progressed to us having a management plan
for our 240 acres of forest. Unspoken, but important steps
in the process involved reviews of all the details of the plan
by the consulting foresters we hired, by the Missouri Department
of Conservation Private Land Conservationist we
worked with, and by me. The final version of the plan, after
we all signed off on it, was submitted to the MDC Forestry
Regional Supervisor for approval. These formal processes
gave me a lot of confidence in the recommendations and
decisions made, and actions planned and executed. We had
as much confidence as possible that our plan was plausible
and would produce the results we desired before we even
began implementation. This is a wonderful starting point.

We found ourselves very aware that we now were responsible
for decisive management of 23 stands of timber. These
stands varied dramatically in acreage, slope (steepness),
aspect (which direction the slope faced), soil type and tree
species composition. As a consequence, the prescribed
treatment for each of the stands was unique, but in some
ways similar to those of other stands. We found ourselves
ready to prioritize our activities and to get started: almost.

Boundaries and Fences

The purple paint law in Missouri allows us to legally mark
our exterior boundaries in a way that will not permanently
damage logs. This is money in your pocket as a forest landowner.
Look into it, if you don't understand it. Get advice
from your MDC Private Land Conservationist.

In the case of our forest, we had one more important need.
All of our neighbors have cattle; we need good fences. In
our part of the world, business is still done by the right
hand rule: as two adjoining landowners face each other at
their shared fence, each is responsible for maintaining their
half of the shared fence - the half on their right. This of
course is my personal summary of the tradition. It varies
tremendously across our state. University of Missouri
Extension has lots of great information on Missouri's fence
law.

Regarding Cattle

For several generations, my family had cattle. On this
farm, we usually only had a few head.25 or so cows, their
calves and a bull. Most of the time, our cattle were moved
between pastures to fresh grazing as needed. Always they
had free access to the woods. During the last few years
before my wife and I bought the farm, grazing was leased.
At times there were lots of cattle on the land. This history
has made a significant impact on the forest.

Soil compaction, root exposure and erosion problems worsened
during the last few years of intensive grazing. Fencing
cattle out of the woods has allowed the healing to begin.

The biggest problem we faced might easily be overlooked
by the casual admirer of our beautiful woods. We are
missing about 60 years worth of trees. The cattle ate them
as seedlings. Much of our woods looked very much like a
park with a solid canopy of big, beautiful oaks, hickories
and walnuts. There were virtually no seedlings, saplings
or small pole-sized oak trees beneath the canopy. To make
things even worse, the cows did not eat honey locusts,
cedars, prickly ash or multi-flora rose.

If one were to harvest any of the sawlogs and remove big,
desirable trees from the canopy, what would grow back?
Where would the seedlings come from?

Fortunately for us, we have experienced two excellent
acorn crops in the past three years. Now that the cows are
eating grass instead of seedlings, the forest floor is carpeted
with new growth. Nature abhors a vacuum, they say. Healing
has begun.

So get a plan, fence the forest and get the cows out. Next
issue we begin timber stand improvement (TSI).




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Tree Farm Hosts FFA Teams

Frances Main, Missouri State Tree Farm Committee


This spring the Red River D Tree Farm hosted a workshop for the
District winners of the FFA Forestry contest. The 214-acre tree farm
in eastern Christian County is co-owned by myself and John Dilsaver.
This is the fourth year we provided a "hands on" training area for the
FFA Forestry teams who would be going on to the State competition.
Fellow local Missouri Department of Conservation foresters, Gary Smith
and Greg Cassell, assisted in setting up a Timber Stand Improvement
(TSI) plot, Tree ID walk, and a timber cruising plot for the FFA teams
to work on. The unique part of the training is the fact that the trees
the teams selected to remove in the TSI plot were actually cut down
and a couple of the sawlogs they estimated volume in were felled and
measured. They did not have to use their imaginations to visualize
what the TSI plot would look like with the trees gone. And no more
guessing where a 16-foot log ends for volume estimates. They actually
got to measure out the 16 feet and see how closely they estimated it
from 50 feet away while the tree was still standing. The students also
had the chance to measure the diameter at the end of the log to see
how far up they could consider a log before the diameter became too
small to be merchantable. Schools placing high enough in the district
contest that came out to attend the training opportunity were Mt.
Vernon, Buffalo, Sarcoxie, Forsyth and McDonald County.

Over the years, comments from the students and their advisers about
the experience have been very positive. Making the exercises from the
contest a reality has helped solidify the experience of doing forestry
work to the students. "Using it (the tree farm) for stuff like this is
what makes having it and working out here worthwhile," says Dilsaver..

He and I intend to keep inviting the FFA students out to the property
to train them for their contests and deepen their appreciation of
forest management. It's especially satisfying to know National FFA
competition winners like Forsyth have been out to our property.

Extra Training Pays Off as Mt. Vernon and Forsyth FFA Forestry Teams
Advance to Nationals All five of the attending school teams placed
within the top eight FFA Forestry teams at the State Contest held
April 18. Mount Vernon (1st Place) and Forsyth (2nd Place) will
represent Missouri at the National FFA Convention in Indianapolis this
fall.




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Learning to `Manage What You Have'

The National Walnut Council will meet in our own backyard this summer.
The annual meeting and tours will be Aug. 3-6. Indoor events will be
held at the Holiday Inn Select Executive Center, Columbia, while field
tours will be in adjacent Callaway and Howard counties.

All landowners with walnut and other fine hardwoods will have an
opportunity to see and hear information relevant to their forest,
woodlot or plantation during the field tours, said Harlan Palm, one of
the conference organizers. Attendees also will get to tour one of the
largest walnut mills in operation in Missouri. In addition to seeing
logs being milled by modern technology, the tour will include
discussions on log and lumber quality.

The theme of this year's event is "First Manage What You Have." This
will be evident especially in the field tours, as attendees can ride
trailers to view managed native and planted walnut stands as well as
native mixed hardwood stands now benefiting from timber stand
improvement and crop tree selection procedures, Palm said. During
tours, experts will discuss site suitability, appraise current value
of existing walnut and white oak and provide advice on deciding when
to harvest and how to manage a timber harvest following competitive
bidding. Buses will be available to transport attendees to all of the
field tour sites.

The vast majority of landowners in Missouri have some walnut and other
fine hardwoods in their wooded areas. The purpose of this event is to
inform such landowners to recognize what is already out there, Palm
said. If the site is well suited for walnut and there are already
walnut there, the landowners will learn what can be done to improve
the health and production of the trees with the highest potential
value.

Other conference activities include a kick-off mixer, Landowner Show
and Tell, an Evening with the Experts, the annual banquet and awards
program, exhibits, posters, a silent auction, speakers discussing
recent innovations and introduction of newly elected board members.
Spouses' tours and a post-conference tour of the Hammons Products
Company's facilities also are available.

Full registration for Walnut Council members is $145; registering at
the door will run $165. Non-members can add $15 to their registration
or join the organization. For more details, head to
http://www.walnutcouncil.org/ and click on "Annual Meeting." The site
includes agenda and registration information. For more information,
contact Palm at palmh@missouri.edu.




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Walnut Farm Tour: `Forgotten Woods Along the Creek'

Another chance to learn about benefiting from the walnut already on
your land is through an upcoming farm tour.

The Kent and Lori Deimeke family in eastern Callaway County is
inviting other farmers to see what might be growing their woods along
the creek. Tours will start as soon as there are a couple of wagon
loads after 8 a.m. Saturday, July 26.

There are literally hundreds of native walnut of all sizes growing on
98 wooded acres of a quarter section of land where the Batchelor Creek
and a small tributary flow. Tour stops will include demonstration of
timber stand improvement; discussions over soil pits; and discussions
about available cost-share programs for timber stand improvement.
Appraisals will be given on current value of an excellent immature
walnut versus a larger walnut and in comparing their future values.

RSVP by July 24 and let organizers know how many are in your party, by
e-mailing palmh@missouri.edu or leaving voice message at 573-882-1402.
A $5 charge at registration will cover morning refreshments, bottled
water, trailer ride and a snack at the end of the tour (about noon)
July 26. The tour location is 3/4 mile down the gravel road west of
Shamrock, Mo., which is on Hwy B between Auxvasse and Montgomery City
in Auxvasse County. GH




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Good Fences Make Good Neighbors
Part 1: General Fence Law

Hank Stelzer, MU Forestry Extension


Time and Mother Nature (particularly over the past
winter and spring) can wreak havoc on fence lines. If
you are faced with repairing or replacing a boundary fence
line, now is a good time to review Missouri's current fencing
and boundary laws, particularly if you are new to the
Show-Me State.
In Part I of this three-part series, we will look at fencing
and boundary laws in "general fence law counties." Part II
will look at the differences in "optional fence law" counties.
Part III will deal specifically with liability for trespass
by livestock and boundary line disputes.
More information can be found in MU Guide G810:
Missouri Fencing and Boundary Laws. Do not rely upon
this series or G810 for legal advice. This information is a
general statement of the law. Direct your questions to an attorney.
Your attorney can get relevant facts and act on them
in your best interest.
General vs. Local Option Fence Law Counties
Missouri's first fence law was enacted in 1808 while Missouri
was still within the Louisiana Territory. Since that
initial law there have been many changes to the "general"
fence law of the state.
In 1963 the Missouri Legislature enacted major changes in
the fence law by authorizing the "local option" fence law.
Adoption of the local option for a county required a majority
vote at a county election. The issue could be put on the
local ballot either by motion of the county court or upon
the petition of 100 real estate owners of 10 or more acres in
the county. Currently, 18 of Missouri's 114 counties have
adopted the Optional County Fencing Statute (Figure 1).
The latest major revision to the State's fence law came in
2001. These changes pertain only to "general fence law
counties," not those counties that have opted (or will opt)
by local election into the "optional county fencing statute."
Modified Forced Contribution and Maintenance
This is a major change. Only if your neighbor has livestock
placed against the division fence can he/she be forced to
pay for half the cost of construction, as well as be required
to maintain the right-hand half. If the neighbor doesn't have
livestock against the fence, you will have to put up the entire
cost of the division fence and maintain the entire fence.

A landowner building
the entire division fence
must report the total cost
to the associate circuit
judge, who will authorize
the cost to be recorded
on each neighbor's deed.
If your neighbor later places livestock against the division
fence, then you can get reimbursed for one-half the construction
costs.

Under the prior law, either neighbor could force the other
neighbor to pay for half of both the construction and the
maintenance of a division fence, regardless of whether the
reluctant neighbor had livestock against the fence. This
continues to be the fencing law in most Midwestern states.

The Right-hand Rule

Most of us assumed there was a "right-hand rule" as a custom,
but there was no such language in the former statute.
Now the statute clearly says neighbors who cannot agree on
who is to build and maintain which portion of a fence shall
apply the right-hand rule. Each neighbor stands on his or
her land looking at the common boundary, finds the midpoint,
and is responsible for the half to his/her right.

This assumes each neighbor has livestock against the
division fence. Where your neighbor doesn't have livestock
against the fence, then you will have to build and
maintain the whole fence until such time as your neighbor
places livestock against it. And you can enter upon your
neighbor's land to build and to maintain your share of the
division fence.

Under the prior law, you would have to take your neighbor
to court if you and your neighbor couldn't reach an agreement
as to which fence portion was whose responsibility to
build and to maintain.

What is a "Lawful Fence"?

Some may think the new statutory definition of "lawful
fence" is still too cumbersome and confusing, but you
should have seen it under the prior law! Basically, as the
law now reads, a "lawful fence" is any fence consisting
of posts and wire or boards at least 4 feet high (and mutually
agreed upon by adjoining landowners or decided upon
by the associate circuit court), with posts set firmly in the
ground not more than 12 feet apart.

A question occurs when both neighbors have livestock
against the division fence but one neighbor wants a more
costly fence, probably because his livestock require a stronger
or higher fence. The associate circuit court for your
county will be the ultimate decider on that issue. The new
statute states that you can build the neighbor's portion in
excess of the lawful fence required (but presumably at your
own expense).

Actual vs. Double Damages?

Under the new statute, if your neighbor's right-hand division
fence is in need of repair and his/her animals trespass
onto your land then your neighbor is liable for the actual
damages done to your crops or livestock, but no longer
for double damages. What is interesting to note here is
the term, "crops." Are your trees considered a crop? They
might not be if you do not have a management plan or you
have not been actively managing your woodland before the
damage occurred.

Existing Division Fences under the New Missouri Statute
Any validly recorded written fencing agreement in existence
before Aug. 28, 2001, will continue to be enforceable

under the new fencing statute. If no valid written and recorded
fencing agreement exists before that date, the fencing
rights and duties will be defined under the new statute.
Novel Division Fences

In both the new and the old statutes, neighboring landowners
are free to bind themselves contractually to fencing provisions
different from those in the statute. And this includes
agreeing that no division fence is needed.

When you and your neighbor reach an understanding about
what type of division fence to build and who is to build and
maintain which portion, put it down in writing, sign it, and
record it against the land title (county recorder's office) of
all neighbors signing the fencing agreement.

Verbal agreements won't work, as they violate the statute
of frauds, which requires that agreements dealing with land
and those taking longer than one year be in writing to be
enforceable in court. Furthermore, only recorded written
agreements will bind successor owners (buyers, gift recipients
and heirs).




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Mo.'s Purple Paint Statute: A Simple Way to Post your Property

Hank Stelzer, MU Forestry Extension

The Purple Paint Statute (RSMO 569.145) allows Missouri landowners to
mark trees or posts with purple paint as a warning to would-be
trespassers. It fulfills the same function as a "No Trespassing" sign,
a fence or telling someone not to come onto your property. Since they
can't be taken down, destroyed or stolen, purple paint marks are
cheaper and more economical to maintain.

The law does not require that property marked with the purple paint
also be fenced; unless, of course, you or your neighbor(s) raise
livestock along the property line(s) in question.

Under Missouri's law:

 Any owner or lessee of real property can post property with the
purple paint marks.

 Purple paint marks must be placed on either trees or posts (the
statute does not specifically allow the option of placing paint marks
on buildings).

 Vertical paint lines must be at least 8 inches long (the statute
does not mention a maximum length).

 The bottom edge of each paint mark must be between 3 feet and 5 feet
off the ground.

 Paint marks must be readily visible to any person approaching the
property.

 Purple paint marks cannot be more than 100 ft. apart.

The statute provides that any person trespassing onto property marked
by purple paint can be found guilty of a first-degree trespassing
charge. Any unauthorized entry onto property marked with the purple
paint is considered a trespass. First-degree trespassing is a Class B
Misdemeanor, with potential punishment of a maximum $500 fine and/or a
maximum of 6 months in jail.

Other violations which would subject a trespasser to first-degree
trespass are: (1) entering a property posted with "No Trespassing"
signs; (2) refusing to leave property once told to do so; and (3)
coming onto land fenced against intruders.

Landowners can purchase purple boundary posting paint at hardware
stores across the state. Several paint companies formulated a latex
semi-paste product for the specific purpose of marking property. The
paint can be applied in semi-paste form or sprayed once thinned.




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What Can You Do About Timber Trespass?

Hank Stelzer, MU Forestry Extension

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.

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 theboundaries.

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.



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 MOWOC 2009 Moves to April

Okay Mother Nature, you win! Since we have been expanding the Friday
Field Day portion of the conference over the past few years we knew we
were tempting fate. So, in order to avoid a repeat of this year's
last-minute decision to postpone, the 2009 MOWOC Conference will be
held April 3-4. That is the week after Easter (we didn't want to get
the Easter Bunny mad at us, too!). Plus, we will be back at our old
digs at Stoney Creek Inn.




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Regional Christmas Tree Grower Conference/Workshop in the Works

Plans are underway for a four-state Christmas Tree Grower
Conference/Workshop to be held in February 2009. Oklahoma State
University is spearheading the effort along with MU Extension, Kansas
State University Extension and University of Arkansas Extension.
Chances are good the event will take place in Springfield, Mo. We hope
to have much more information in the fall issue of GH and also at www.
snr.missouri.edu/forestry/extension