Georgia is only just now talking about a triple-stumpage penalty for timber theft? Does anybody know of any other states that don't follow this convention? I could do the research myself, but it would take much longer than I have attention span for.
http://www.forestry.umn.edu/prod/gr...restry/documents/asset/cfans_asset_370985.pdf page 14
Thought that double and tripe value was universal. Looks like some may not have 2x or 3x stumpage penalty.
The rub on trespass loss penalties based on cut stumpage or cruise tallies is neglecting grade. Stuff that comes to mind are clear, selB grade red oak maple and some birch. In peak markets big $$ there. But, trying to value bbucked log grade after they've been hauled or sawn is pretty near impossible.
As for HVW, pfffft the numbers are off the charts
Th
The log doesn't have to exist after its been cut off the stump. You look at the surrounding trees of similar size and get your volume and grade from them. The trip stumpage makes up for the guestimation.
I agree with what you're saying as it applies to a normal timber stand without any exceptional members by specie, size or grade. So the loss value could be reasonably estimated based on similar remaining timber.
What I was trying to point out was the current 2-3x timber theft penalities don't account for very well is outright hgh grade theft. In this case, determining loss value by extrapolation based on the remaining standing timber (of lesser grade) under estimates the loss. So, over the past 50 years there have been regional cycles of peak values by species by grade. Often the differences between the average (FAS) grade and the high grades are substantial - way beyond the 2x or 3x (laws). So, unless the LO had written records of scaled inventory by species/by grade, the damage award would likely be based on a lower (average) grade. In any case the burden of proof of the real loss lies with the LO and the things the LO did to prevent the loss.
There might be other examples of timber theft that fall within the definition but outside the normal "scaled loss". For example where the outright timber theft of Doug Fir, which at the same time contained mature seed producing members that represented substantial value in disease resistance - perhaps more than the actual scale loss.
Another one might be a stand theft of mature black walnut whose sustained value was in nut production and at the same time timber value from a stand replenishment plan.
Maybe some other variations to MBF theft to consider, imo.
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