Tag: timber theft

Chopping Down Trees Creates Legal Liability

Washington (GGM) Analysis | June 19, 2021 by Attorney Michael Wells, PodcastLegal Fact and Fiction

Trees provide everything from oxygen to habitats for animals, yet they are chopped down with impunity. The damage to the environment is incalculable. To put it into perspective, however, half the number of trees exist now than those in existence when humans first evolved; fifteen billion trees are cut down annually; and ten percent of climate change is attributable to chopping down trees. Environmental carnage aside, legal liability and criminal liability exist for cutting down trees that do not belong to the harvester.

The legal terms most closely associated with cutting down and removing trees that do not belong to the harvester are “timber trespass” (mistakenly harvesting trees from another’s property) and “timber theft” (stealing trees from someone’s property). Timber trespass deals more with the civil end whereas timber theft can involve civil and criminal penalties. It varies from state to state. Nevertheless, lawsuits are filed for large sums of money over taking timber that does not belong to the harvester. 

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In South Carolina, as of 2016 one-hundred cases per year are investigated and pursued with a value of between $500,000 and $600,000. A man in North Carolina illegally cut timber near Asheville, the value of the trees owned by a conservancy assessed at $1,000, but the mill rights to the timber of $25,000-$30,000. 

Illegal tree harvesting tends to be less of a problem in North Carolina, which has a larger population, than it is in Maine, which has a smaller population and vast swaths of uninhabited forests. Maine has over one-thousand complaints of timber theft each year.

The damage to the environment cannot be separated from the legal issues that arise from stealing trees, which are property, but they are far more than that to every living thing. In the most basic sense, illegal harvest of trees contributes to the problem of deforestation:

Over half the world’s land-based plants and animals live in forests, and three quarters of the world’s birds live in and around forests. It does not take a science PhD or intricate knowledge of environmental science or ecology to understand that the more trees that are cut, the more environmental problems that will follow.  

And it is a problem all over the world from the rainforests in South America to the United States to even Ireland:

All of it is interconnected, and every time a tree is cut down (regardless if it is replaced), the owner of the tree is impacted as is the rest of the planet. While planting new trees can certainly mitigate the problem, it cannot recapture what is lost every time a tree is cut down. Sadly, the only way to stop harvesting of trees may be filing lawsuits because people and corporations tend to respond the most when their money is on the line. 

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