Foresters say timber theft difficult to prevent, prove

Unmarked property lines and lack of evidence keep many cases out of criminal courts.

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Foresters say timber theft difficult to prevent, prove
Unmarked property lines and lack of evidence keep many cases out of criminal courts.
By Valryn Warren

Sunday, March 04, 2007

BUTLER TWP., Montgomery County It's hard to imagine your woods being stolen but as Mary Ellen Muench and Jeanne Estep have discovered, it can happen.

Muench says she refused repeated offers from Larry Green, who said he wanted to buy her timber on behalf of the Southeastern Ohio-based logging company Lowman Lumber. Loggers gained access to her land anyway through a neighboring property belonging to Jeanne Estep. Estep's woods also were logged without her permission.

Muench called police and discovered Estep's tenant, Kenneth West, allegedly allowed the timber sale in exchange for $13,000. The check and a trailer-load of logs was seized. West is being screened for diversion but may face charges later if ineligible.

Foresters said most cases of timber harvested without permission of its owner wind up in civil court because intent can be difficult to prove. Landowners who didn't have their property lines clearly marked can find it hard to prove someone intended to take the trees.

Ohio law allows treble damages in cases of timber theft or trespass but intent to willfully violate a property line must be proven. But most property boundaries are not clearly marked.

"I don't think there are that many criminal cases," Stanley Swierz, an Ohio consulting forester with more than 28 years of experience, said. "It's just my humble experience, but county prosecutors tend to leave it to the civil courts."

Two things happened in the Butler Twp. case that were a little different.

First, it was reported to police, who investigated it as a crime. Capt. Carl Bush estimates he's already spent more than 100 hours on the case.

And Montgomery County Prosecutor Mat Heck said once he walked the land and viewed the extent of loss and damage, he was determined to pursue criminal charges.

"These are very challenging because of the nature of the case," Heck said. "Tracing what happened, who did what and where is very difficult. The other thing is that people tend to view this as a victimless crime. This is not a victimless crime. This is criminal and it's going to be prosecuted."

The owner of Lowman Lumber, Sturgil Lowman indicted individually and through his business on felony theft charges has been a logger for 45 years, since he was 15. He said his company cuts trees in Ohio, Kentucky, and West Virginia.

"He (West) said he was the owner of all that," Lowman said. "And we bought it, fair and square. All I can do is get a lawyer and prove I'm innocent."

Lowman has been sued civilly in past disputes over tree cutting and has a case scheduled for trial in July, according to Ross Court records. That complaint contends Lowman's loggers harvesting timber legitimately on a neighbor's land also cut trees on the plaintiff's adjoining property.

Complaints about loggers straying from a contracted harvest to adjoining properties are fairly common, and sometimes simply a mistake.

Ohio Department of Natural Resources authorities said what is not often understood by landowners is that timber harvests are not regulated. Timber buyers are not licensed and often are not held to an obligation to verify rightful ownership of a property or survey its boundaries before they cut.

There is no official body to monitor or address complaints other than the courts unless a waterway is affected.

Logging is dangerous, difficult, necessary work and forester Swierz said most logging companies recognize the need to protect their reputations and resources.

"The majority are very conscientious," he said. "It's like any business; a lot of good people and a few that are a problem."

But trees have value, and it's not just loggers who are aware of that.

Harrison County's Harrison News-Herald reported in January that Glen M. McEndree was charged in a timber scam in Vinton County, given diversion and ordered to pay restitution.

He did.

But authorities allege he paid it using $170,000 he pocketed by moving to Harrison County, stealing the identity of an out-of-state owner and selling the timber off land he didn't own before being caught again.

Ohio Department of Natural Resources Division of Forestry Chief John Dorka said timber problems are not restricted to theft or mistakes by loggers or neighbors selling their timber.

Landowners often make bad deals when they decide to sell their timber, ignorant of its value or the best way to conduct a sale.

"Some states have attempted to come up with laws to protect landowners but at this point Ohio doesn't have a program" Dorka said.

"And I'd be the first to admit regulatory programs cost a lot of money."

Dorka and Swierz said landowners have to be proactive and mark their boundaries before a problem occurs or risk being unable to claim their full loss.

They strongly encourage working with a state or consulting foresters to develop a woodland plan and inventory of their property.

"People need to understand these are substantial assets that need to be treated as such," he said.

Protecting land from timber theft

Experts say owners of wooded acreage need to plan ahead to protect themselves. Here are some tips:

Clearly mark all trees on the perimeter of your property with paint.

Know your neighbors, and agree to discuss plans to harvest timber or to contact each other if you see logging activity nearby. If you live off-site or out of state, make sure someone visits the property regularly and that neighbors have a way to reach you.

Work with a certified consulting forester to develop a woodland plan and inventory.

Additional Information

Phone: (614) 265-6706

Web Site: http://www.dnr.state.oh.us/forestry/landowner

Category: Forestry>Landowners/Family Forestry

Region: Ohio

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