trespass

Theft and Damage

General / Survey Monuments / Hunting / Litter / Timber / Christmas Trees and Boughs

General: Any theft or damage to any part of a woodlot, committed willfully or knowingly, makes the perpetrator liable to the owner for three times the damages, the cost of any professional services necessary for the determination of damages, for attorney's fees, and for court costs.

Hunting: Trespassing on posted lands or lands forbidding hunting is illegal. Abusing another's property is illegal; such as damaging fences and walls, leaving open gates, and damaging crops. It is illegal to damage trees with nails etc for erecting stands and ladders on another's land. Ladders and stands are allowed during hunting season, but they must be removed by the tenth day of the close of the hunting season the ladder or stand was used for. Ladders and stands can be erected at times other than hunting season with the landowners written consent.

Survey Monuments: Whoever negligently disturbs, removes, or destroys any lawfully established survey marker shall be liable to the person injured in a civil action for the amount of damage done. This may be measured by the cost of replacement, including services.

Litter: Disposal of property on another's without permission is illegal. Disposal of rock, sand, or dirt into a stream on your own land or another's land is illegal; unless you have a permit to do so.

Timber: Any person who intentionally, knowingly, recklessly, or negligently cuts down any tree without consent of the owner commits a civil violation having the following forfeitures:

*Diameter	Forfeiture
<6"	$25
6"-10"	$50
10"-14"	$75
14"-18"	$100
18"-22"	$125
>22"	$150

*Diameter is at 4.5' above the ground if possible, if not, use stump diameter.

On land in which 10 or more acres is to be cut, the owner needs to clearly mark property lines within 200 feet of the area to be cut. If this is not done, and timber is cut on the abutting ownership, the owner is liable to double damages to the owner of the abutting land. This is in addition to the general liability .

Christmas Trees and Evergreen Boughs: It is unlawful for any person, firm, or corporation to cut or transport Christmas trees or evergreen boughs on land of another without securing written permission or a bill of sale from the owner or owner's designated agent. Violation is a theft.
(Field 1994)

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