Selling Timber (by force)...

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AJMD429
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Selling Timber (by force)...

Post by AJMD429 »

Power line company is coming along and cutting stuff out of their actual right-of-way that is growing tall enough to possibly fall on their lines, which I understand.

Most of it is in the river bottom, and is cottonwood, sycamore, and silver maple, that I have just asked them to leave the over-eight-inch portions of, stacked out of their way and above the flood-plain, for my use for firewood. They also chipped the small stuff and instead of hauling it away, I required them to leave it in big piles I could use for my garden as mulch.

Now, they are getting to higher ground, and there are at least a couple red oaks and black oaks and some medium-sized walnut and cherry trees they will likely cut, the oaks being at least 150 years old and fairly sizable. I would like them to leave the trees alone, as I'm not that convinced they threaten the lines, being downwind and strong trees (especially the oaks). However, I doubt I have legal standing to force them not to.

Anyone deal with this kind of thing before...?

If they have to cut the trees, I'd like them to cut them in such manner as to be handed over to a lumber mill for my use as lumber, and would like them (ideally) to pay the hauling and milling fees. What sort of leverage do I likely have, and have any of you guys dealt with such stuff...?
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Re: Selling Timber (by force)...

Post by Catshooter »

Doc,

I think an attorney is your best bet. Laws really vary, as you know.


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Re: Selling Timber (by force)...

Post by Blaine »

Sell them be4 they cut them....if they are in right of way they are gone.
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BenT
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Re: Selling Timber (by force)...

Post by BenT »

If the Oaks are that old they are probably hollow. Most oaks are harvested at about 85 years of age. With power line right of way, there is little you can do. I would hire someone to cut them the way you want, instead of letting the power company determine it. If you do it right they won't have a reason to come through.
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Re: Selling Timber (by force)...

Post by ollogger »

About the oak, walnut & cherry see if they will leave any of the saw logs tree length as then you can cut them to the length you want, if the trees are that big you may want to hire a log truck to pick them up & take them to a mill for you, unless you have something that will pick up a ton or more
and that maybe on the light side for one 8 ft. oak log? how big are the oak on the stump?
all's I know on right of ways is let them cut em you don't want a tree that you fell on the wire!




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Re: Selling Timber (by force)...

Post by Ray Newman »

Doubt the power company is going to pay for hauling the logs to a sawmill and the subsequent mill charges.

I would call a few loggers/sawyers and explain you have hardwood trees to cut and if they would buy them. It just might be easier for you to have someone buy, cut, and mill the trees. You walk away with a few bucks in your pocket and no headaches/worries/problems about cutting, milling, hauling, storing the lumber while it is drying.
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Re: Selling Timber (by force)...

Post by GunnyMack »

Most of the time the crews are hired by the power companies. It is a contract so the crews do the least amount of work for money.
Go talk to the crew, you might be able to work out a deal to drop the trees. I doubt they will chip oaks of that size, hard on the chipper!
Would also talk to a lawyer, just so you know where you stand.
Also, a forester could /should be contacted, professional opinion on quality of your logs.
Being that these trees are along a power line I'm guessing they are not tall straight trees as they would be growing in a wood lot. These 'field' trees are normally not board/veneer quality. Too many branches.
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Re: Selling Timber (by force)...

Post by AJMD429 »

GunnyMack wrote:I doubt they will chip oaks of that size, hard on the chipper!
When they did the other area, they were feeding 24" Sycamore and Silver Maple directly into their chipper.....then they'd take the root-balls, split 'em in two with the track-hoe bucket, and drop THEM into the chipper.....barely slowed the chipper even then. They have a HUGE chipper - so big it is on its own dual tracks. They probably get side-income from the mafia by disposing of bodies... :shock:
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Re: Selling Timber (by force)...

Post by GunnyMack »

Ok these guys are big time, almost sounds like a tub grinder!
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Re: Selling Timber (by force)...

Post by GunnyMack »

Another thought!
A forester can possibly put you in contact with a portable sawyer. That way you can get the trees milled on site into boards. Yes you will pay for these services but it is YOUR wood.
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Re: Selling Timber (by force)...

Post by ndcowboy »

We've dealt with this exact thing. We have big transmission lines crossing our property and they've come in and cut brush type trees that 10000 years from now would still have been 70 feet short of the lines. Not much a guy can do.
BUT often these companies will pay for replacement trees. I have a nice 10 row wildlife tree planting going in this spring that is being paid for 100% by the power company.
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Re: Selling Timber (by force)...

Post by jkbrea »

If it was California, you could claim an endangered species of termites lives in them and they would make it a national park. :lol:
If they are your trees they definitely have value and it seems logical they would have to reimburse you if they actually removed them. Trimming them would be another issue .
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Re: Selling Timber (by force)...

Post by Griff »

jkbrea wrote:If it was California, you could claim an endangered species of termites lives in them and they would make it a national park. :lol:
:lol: :lol: :lol:
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Re: Selling Timber (by force)...

Post by marlinman93 »

Do you have a right of way agreement? Did you purchase the property with the power lines already in place? Have you checked to see what other right of way property owners have done in the past?
I doubt you'll get the power company to pay for hauling, and I'd be happy if they simply cut them up as I asked, but not sure they have that obligation, and surely aren't obligated to haul them to a mill. Probably obligated to clean up your property afterwards, but how they do so likely isn't in an agreement.
If you don't want the trees cut, you might be able to fight it, if you hire a consultant who can prove they aren't a concern to the lines. But the legal battle likely isn't worth it. Probably what they've done so far is them trying to be cooperative. Best you might get for the remaining timber is them cutting them down, limbing them, and leaving the trunks for you to have hauled to a mill, or a mill to come and pick up.
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Re: Selling Timber (by force)...

Post by geobru »

marlinman93 wrote:Do you have a right of way agreement? Did you purchase the property with the power lines already in place? Have you checked to see what other right of way property owners have done in the past?
I doubt you'll get the power company to pay for hauling, and I'd be happy if they simply cut them up as I asked, but not sure they have that obligation, and surely aren't obligated to haul them to a mill. Probably obligated to clean up your property afterwards, but how they do so likely isn't in an agreement.
If you don't want the trees cut, you might be able to fight it, if you hire a consultant who can prove they aren't a concern to the lines. But the legal battle likely isn't worth it. Probably what they've done so far is them trying to be cooperative. Best you might get for the remaining timber is them cutting them down, limbing them, and leaving the trunks for you to have hauled to a mill, or a mill to come and pick up.
Doc, I am a forester and have run into this situation before out in the west. Marlinman nailed it when he broached the subject of right of way agreements. There is undoubtedly a R/W agreement recorded in your county courthouse somewhere. The terms of that agreement will determine what the power company has to do. Usually the crews that take down the trees in a powerline R/W are ONLY concerned about getting the trees down without damaging the lines. They aren't concerned about the value of the wood so they take them down a piece at a time and toss the chunks into the chipper. Then they either haul the chips off or spread them out in the R/W.

If it were me, and I knew that the R/W crossing my property was going to be cleared, I would contact the company in advance and ask if you could have the wood from the trees on your property. Another option is to be there when the crew is cutting them down and get them to let you have the wood. If they don't care about the value of the wood, you could always pay to take the trees out yourself. That way you can cut the logs in lengths of your choosing to be sawn into boards. Usually the small mill operators will cut logs into lumber at a price per thousand board feet or more commonly, for a share of the boards that are sawn.

Try to find out what the terms are in their R/W agreement across your property, then make your decisions based on knowledge and their permission if it is needed. I can almost guarantee that any crew that has bid a job by the mile, and comes across a property where the trees were already removed, won't be complaining about them being gone!

One other thing is the width of the R/W. Under the terms of the R/W agreement, there should be a set width in which they can operate. If your oaks are growing outside of that R/W, they probably can't take them out. Although there might be language that allows them to trim any limbs that extend into the R/W and threaten the lines. You really need to find out what is in the agreement.
George

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