Timber cutting damages

A person who cuts timber on someone else’s land without a legal right, in order to take it for his or her own use, owes the owner three times the value of the timber. It does not matter whether the person believed the cutting was authorized (KRS 364.130).

What the owner can recover

The statute gives the owner three times the stumpage value, meaning the value of the trees as they stood, three times the cost of any damage to the property, and the owner’s legal costs. The claim is a civil lawsuit, separate from any criminal case.

How notice limits the damages

The law does not flatly require a logger to notify the neighbors, but skipping the steps below leaves the logger exposed to triple damages. A court may limit the award to the reasonable value of the timber, actual property damage and legal costs if both steps were taken before cutting:

• A signed statement was obtained from the person believed to own the trees, saying that all the trees to be cut were on that person’s land and giving written permission to cut them.
• The adjoining landowners either agreed in writing that the trees were not on their property, or were notified of the planned cut in writing by certified mail, restricted delivery, return receipt requested, and raised no objection.

If a notified neighbor sends no written objection within seven days of signing for the letter, the law presumes, for setting the penalty only, that the neighbor did not object. A homeowner or farmer maintaining a fence row who cuts a neighbor’s trees through a good-faith mistake about an unmarked boundary also owes only the lower amount.

Timber theft as a crime

The triple damages statute applies in addition to the theft laws. Taking timber can be charged as theft by unlawful taking, and the charge depends on value. Under $500 is a Class B misdemeanor, $500 to under $1,000 is a Class A misdemeanor, $1,000 to under $10,000 is a Class D felony, and higher values carry more serious felony classes (KRS 514.030).

Rules for loggers and steps for owners

A commercial timber harvest generally must have on site a logger in charge who has completed the state’s Master Logger Program, and loggers must use best management practices that protect water quality (KRS 149.342, 149.344). These rules govern how a harvest is carried out, not who owns the trees.

The Kentucky Division of Forestry suggests that woodland owners keep a copy of the deed, mark or post their boundaries, stay in contact with adjoining owners, and consider hiring a consulting forester to value the timber.