State-Journal.com - Timber theft gets attention

Kentucky's county attorneys would have a clearer road to prosecution of timber thefts under a bill sponsored by Sen. Julian Carroll, D-Frankfort.

Current state law allows for prosecution for theft by unlawful taking if stolen property is worth $300 or more. Senate Bill 171 would include timber among such property.

"What we did was say that if a tree is worth taking the time and effort of cutting it down, loading it into a truck and hauling it out, then it's worth more than $300," said Franklin County Attorney Rick Sparks who sanctioned the proposal and has worked with Carroll on it.

The bill is similar to one proposed last week by State Rep. Leslie Combs, D-Pikeville, which would require landowners to notify owners of adjacent properties if they intend to cut trees on their land. Combs' bill would require loggers to brand trees to show which company cut them, in case a dispute arises.

The Appalachian Roundtable, an advocacy group that works with state legislators to address the needs of citizens in the Appalachian region, helped bring the issue to Sparks' attention. Dee Riley, executive director of the organization, said timber theft is a serious problem in Kentucky that merits more than a misdemeanor charge.

"This is an issue that affects so many people," she said.

The inspiration for the bill came from looking at other states' laws regarding harvesting of timber, Sparks said. South Carolina's law, in particular, outlines specific requirements for logging companies to meet before cutting trees

Sparks said timber theft has long been a problem for Kentuckians. "I grew up in eastern Kentucky," he said, "My folks have been a victim of it before." Sparks said a logging company cut down a black walnut tree on his parents' property in Letcher County, which he said helped to bring the problem home in his mind.

Aside from violating state laws regarding property rights, Sparks said timber theft causes environmental damage to Kentucky's forests. He said legitimate logging operations are required to replace soil in the holes where trees once stood. When companies remove timber illegally, Sparks said, erosion occurs and creek beds fill up with runoff. Natural drainage and filtration cannot occur, he said.

"It affects all of us, not just people who are losing the timber," Sparks said.

HB 171 would define timber specifically as any tree worth $300 or more. It would make unauthorized cutting of any tree a Class D felony punishable by one to five years in prison.

The bill would also allow for the seizure of heavy equipment used in timber removal.

Sparks said the measure is not only a positive for landowners, but for legitimate logging companies that work throughout the state.

"There are professionals out there who do it the right way and this type of theft makes them look bad," he said.