Scavenging downed timber - is it ok where you live?

[strum456]

Although I have never personally had a need to do this, I understand that it is permissible to cut down timber for firewood on PA state game lands. Is there some possibility that your land is being mistaken for game lands?

[Ted Summey]

It is funny that the individual that owns the property that includes the ROW pays taxes on the acreage that includes the ROW. At least that is my experience. We own the land on both sides of a couple of state roads. Our property taxes are calculated including the road and the ROW. I suppose it is that way for everyone so it is "fair".

Public roads not withstanding, I don't see how anyone but the property owner and the holder of the ROW (power company, gas company etc.) have any rights to access that property or to any downed trees. In many cases around here the ROWS are fenced off so "the public cant access them".

[murphy1244]

I think we should stick to the original topic about land rights and timber harvesting.

Sorry........ but this thread could quickly get derailed.

Sorry bout that, I do apologize.

[MarkV]

If it is a power company ROW talk to them. I know on mine I was able to fence and as long as I had a gate that they had access to, be both put one of our own locks on, it was no problem and no ATV's. After all if you raised livestock you would want to contain them given that you own property on both sides. I also didn't like the "death spray" they used every five years and as long as I keep it bush hogged they have no problem not spraying. They do come in about every five years and cut back tree limbs that are encroaching and could take down a line. I am fine with that and they clean up well. About the only thing I can't do is build any structures or plant any trees on the ROW.

MarkV

[sam5570]

Newberry i think you need to keep the wife and fire the lawyer, it's not legal for anyone to enter your property and take anything with out the land owner's permission. the goverment here does allow you to go on there property and cut down and dead wood but you have got to buy a permit witch is good for 1 year.

[newbury]

Although I have never personally had a need to do this, I understand that it is permissible to cut down timber for firewood on PA state game lands. Is there some possibility that your land is being mistaken for game lands?

There shouldn't be. Around here all game lands are posted, mapped, and you have to get a special license to hunt on them.

I'm in NE Mississippi. In dealing with some of the locals I'm not sure if they could understand the concept of property rights. I've been treated by some with the attitude "What's yours is ours, but what's ours is not yours".

As I wrote, my wife, the Mississippi lawyer, said it's common around here. However even the mention of the Mississippi state education level in the US (recently rated 48th, but I think they are trying for 50th) gets a loud fight that they are not uneducated, they just aren't educated.

But again, one of the things I'm upset about is the way they have made ravines in this red clay so deep they have to start going around, and making more ravines. My lawyer says she doesn't think that they realize they are messing up my land, but there are places now impassable to my tractor which were previously passable.

And being the newbie on the block I don't want to aggravate. You get some of these "good 'ol boys" aggravated and they get a little off their meds and it's "Deliverance" (the movie) time. They will be sorry later but that's after the damage was done. Plus they are usually drinking buddies with the local sheriff, in a DRY county.

[sam5570]

There shouldn't be. Around here all game lands are posted, mapped, and you have to get a special license to hunt on them.

I'm in NE Mississippi. In dealing with some of the locals I'm not sure if they could understand the concept of property rights. I've been treated by some with the attitude "What's yours is ours, but what's ours is not yours".

As I wrote, my wife, the Mississippi lawyer, said it's common around here. However even the mention of the Mississippi state education level in the US (recently rated 48th, but I think they are trying for 50th) gets a loud fight that they are not uneducated, they just aren't educated.

But again, one of the things I'm upset about is the way they have made ravines in this red clay so deep they have to start going around, and making more ravines. My lawyer says she doesn't think that they realize they are messing up my land, but there are places now impassable to my tractor which were previously passable.

And being the newbie on the block I don't want to aggravate. You get some of these "good 'ol boys" aggravated and they get a little off their meds and it's "Deliverance" (the movie) time. They will be sorry later but that's after the damage was done. Plus they are usually drinking buddies with the local sheriff, in a DRY county.

Newberry i understand what you are saying and i live in one of them area's myself, but if you don't stop and take your land back you will loose all controll of your property. these people you are dealing with are going to take advantage of you as long as you let them. i have had to take people i was raised up with went to school with and so on to court for trespassing sence we did this we have not had any problem. you just got to let them know you will not be run over. if you don't do this just sign the deed over to them because they will ruien your rods and everything else.

[strum456]

There is no excuse for taking your wood without asking. I would be upset about that too. As for the ATVs crossing through, I would give that a little thought. You mentioned that you are new to the area. Have the locals been using your ROW to get from one riding area to another for quite some time? If your ROW is the only way for folks to get from one place to another on their ATVs, you may be facing an uphill battle. I would consider putting up "access by permission only" signs with your name and phone number at the bottom. If people are responsible enough to call and ask, I'd explain a few rules and let them pass. Once word gets around that someone owns that property and he's a pretty nice guy, I think the situation will improve quickly.

So many people try to become their own Sheriff in these situations by yelling, wielding guns, etc.. This might work if you have an unlimited amount of time to guard everything you own and really low blood pressure so you don't cause yourself a heart attack. I try to be reasonable with people. It always pays off in the long run.

[rekees4300]

What's the practice in your area?

In this area you call the sheriff for trespassers. Never heard of a law that says it's okay to harvest (aka steal) wood. You may want to think twice before shooting your 12 gauge. That could get you into a heap of trouble.

[creekbend]

It is not legal for someone to Tresspass on your Private land, unless you have given permission. I'm not sure if many of my fellow TBN members are aware of this fact. If your property has gravesites on it, you have to provide access to those graves, for any of the deceased individuals' Family members, even if the graves are centuries old. Most grave sites are listed on County and State records. If someone is caught desecrating the gravesites, or removing the tombstones or markers purposely, there are serious legalities to deal with.