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Help against Timber Company
#4118878
04/17/24 10:31 PM
04/17/24 10:31 PM
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Joined: Nov 2023
Posts: 8 Mobile
winlamberth
OP
spike
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OP
spike
Joined: Nov 2023
Posts: 8
Mobile
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Is there any way i can keep a timber company from cutting certain areas on my property in Alabama. Is there any way i can stop them or file some type of report to stop them from cutting. If anyone knows anything i can do to save my woods and TURKEYS please let me know. I did not sell the timber rights, the previous owner did. Is there any type of protected species I can say that I saw and file a report to at least postpone the cutting.
Last edited by winlamberth; 04/17/24 11:04 PM.
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Re: Help against Timber Company
[Re: winlamberth]
#4118880
04/17/24 10:59 PM
04/17/24 10:59 PM
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Joined: Aug 2014
Posts: 676 Ms
FX4
4 point
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4 point
Joined: Aug 2014
Posts: 676
Ms
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Need more info. Did you sell them a timber deed or what?
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Re: Help against Timber Company
[Re: winlamberth]
#4118884
04/17/24 11:07 PM
04/17/24 11:07 PM
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Joined: Aug 2014
Posts: 676 Ms
FX4
4 point
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4 point
Joined: Aug 2014
Posts: 676
Ms
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You can probably negotiate to buy back some of the timber that you want to leave standing or just buy the timber deed from them.
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Re: Help against Timber Company
[Re: winlamberth]
#4118939
04/18/24 06:40 AM
04/18/24 06:40 AM
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Joined: Jan 2003
Posts: 15,341 Chilton County
Morris
Poppa Jon
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Poppa Jon
Joined: Jan 2003
Posts: 15,341
Chilton County
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Is there any type of protected species I can say that I saw and file a report to at least postpone the cutting. This statement here says a lot. 🙄
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Re: Help against Timber Company
[Re: Morris]
#4119005
04/18/24 08:55 AM
04/18/24 08:55 AM
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Joined: Mar 2001
Posts: 11,452 Central Alabama
Cuz-Pat
Booner
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Booner
Joined: Mar 2001
Posts: 11,452
Central Alabama
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Is there any type of protected species I can say that I saw and file a report to at least postpone the cutting. This statement here says a lot. 🙄 Tell them you have seen three Bigfoots there and you think it is a sacred breeding ground for them. If you bought this property and a timber deed is in the hands of someone else I don't see much you are going to be able to do.
Cuz-Pat
Patton's European Mounts Professional Quality Skull & Antler Taxidermy Since 1998
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Re: Help against Timber Company
[Re: winlamberth]
#4119028
04/18/24 09:41 AM
04/18/24 09:41 AM
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Joined: Feb 2008
Posts: 16,771 Montgomery
bamaeyedoc
Old Mossy Horns
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Old Mossy Horns
Joined: Feb 2008
Posts: 16,771
Montgomery
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They will have to respect the SMZ area if applicable but from what I see they cut to the inch of those and don’t mind going over several feet. Sounds like you’re about to own a clear cut unless it was some kind of select cut deal. I’m sorry u gotta deal with this.
Last edited by bamaeyedoc; 04/18/24 09:41 AM.
AKA: “Dr. B” Aldeer #121 8-3-2000 Proud alum of AUM, UAB, and UA Member of Team 10 Point 2023-2024 ALdeer Deer Contest Winners
Glennis Jerome "Jerry" Harris 1938-2017 UGA Class of 1960 BS/MS Forestry LTJG, USNR
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Re: Help against Timber Company
[Re: winlamberth]
#4119035
04/18/24 09:52 AM
04/18/24 09:52 AM
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Joined: Nov 2011
Posts: 11,480
abolt300
Booner
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Booner
Joined: Nov 2011
Posts: 11,480
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If they have a contract on the timber, they own the rights to the timber. Period. Your only real option is to buy the timber rights back from them. If the timber contract was not formally disclosed at the time of sale, get a RE attorney and see if he can get a stay put on it, but most likely, the judge will allow the timber company to harvest it anyway, due to the fact that they have a valid contract and legal ownership of the timber, that precedes your ownership of the property. If it was a failure to disclose, you'll just have a damages claim against the individual that sold the property to you. Also, I wouldnt play any games with endangered species claims etc. All the big timber companies have their own biologists and attorneys and if you make a fraudulent claim that halts their ability to pursue their contract and make money, you'll end up paying them damages, that could be far in excess of the value of the timber. I know if you tried to pull that crap with me, I'd hammer you over it and try to break you. The only other thing you can do is get a copy of the actual timber contract. Most have an expiration date by which the timber has to be removed from the property. Once that date hits, they lose their rights to harvest it. Lastly, when they come in to cut, and they will, unless you negotiate to buy them out, be sure to make them bond the roads. That way if the crew fails to fix them to your satisfaction, you at least have some recourse.
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Re: Help against Timber Company
[Re: abolt300]
#4119064
04/18/24 11:21 AM
04/18/24 11:21 AM
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Joined: Aug 2015
Posts: 1,190 Montgomery, AL
Treelimb
6 point
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6 point
Joined: Aug 2015
Posts: 1,190
Montgomery, AL
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If they have a contract on the timber, they own the rights to the timber. Period. Your only real option is to buy the timber rights back from them. If the timber contract was not formally disclosed at the time of sale, get a RE attorney and see if he can get a stay put on it, but most likely, the judge will allow the timber company to harvest it anyway, due to the fact that they have a valid contract and legal ownership of the timber, that precedes your ownership of the property. If it was a failure to disclose, you'll just have a damages claim against the individual that sold the property to you. Also, I wouldnt play any games with endangered species claims etc. All the big timber companies have their own biologists and attorneys and if you make a fraudulent claim that halts their ability to pursue their contract and make money, you'll end up paying them damages, that could be far in excess of the value of the timber. I know if you tried to pull that crap with me, I'd hammer you over it and try to break you. The only other thing you can do is get a copy of the actual timber contract. Most have an expiration date by which the timber has to be removed from the property. Once that date hits, they lose their rights to harvest it. Lastly, when they come in to cut, and they will, unless you negotiate to buy them out, be sure to make them bond the roads. That way if the crew fails to fix them to your satisfaction, you at least have some recourse. All this is pretty dang accurate.
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Re: Help against Timber Company
[Re: winlamberth]
#4119109
04/18/24 01:11 PM
04/18/24 01:11 PM
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Joined: Jul 2011
Posts: 36,916 Boxes Cove
2Dogs
Freak of Nature
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Freak of Nature
Joined: Jul 2011
Posts: 36,916
Boxes Cove
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I'm confused here. However , If you bought the property subject to the timber rights and it's in the deed you are SOL. If it's not in the deed or wasn't disclosed in writing to you , you may be in luck. If the previous owner didn't disclose the timber contract in any way to you , you MAY have a case for fraud against him . Might be time to Lawyer up.
"Why do you ask"?
Always vote the slowest path to socialism.
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Re: Help against Timber Company
[Re: winlamberth]
#4119274
04/18/24 06:50 PM
04/18/24 06:50 PM
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Joined: Jan 2001
Posts: 26,988 Fayetteville TN Via Selma
jawbone
Freak of Nature
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Freak of Nature
Joined: Jan 2001
Posts: 26,988
Fayetteville TN Via Selma
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Now that you've documented on social media your willingness to lie in order to stop a corporation from legally making money, the best thing to do is drop it unless you want them owning the land and more.
Lord, please help us get our nation straightened out.
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