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Ark. Code Ann. § 15-32-101

Boundaries to be ascertained before timber is cut

Applied in 2 court decisions — leading case Jester v. State (2006)

Most recently applied in 2009 Ark. App. 513 - Bronakowski v. Lindhurst (June 2009)

Acts 1885, No. 45, §§ 1-3, p. 50; C. & M

(1) Any person who desires to cut and remove any timber from any land in this state, unless the land has been surveyed and the boundaries thereof ascertained and known, before cutting and removing the timber, the person shall: Cause the land to be surveyed and the metes and bounds of the land marked and plainly established;

(2) Rely in good faith on an existing marked line or established corners; or

(3) Acquire a document signed by the landowner selling the timber and signed by the adjoining landowners, indicating that the landowners agree on the location of the boundary.

(4) This section shall apply to any person purchasing timber rights from lands of this state as well as to landowners.

(5) The provisions of this section are not intended to repeal or in any manner interfere with the provisions of Acts 1883, No. 83.

(6) Any person who shall be found guilty of a violation of the provisions of this section shall be deemed to have committed a misdemeanor and shall be fined, for each offense, in any sum not less than twenty-five dollars ($25.00) nor more than three hundred dollars ($300) and may be imprisoned in the county jail not more than six (6) months.

(7) This section shall not apply to the cutting and removing of timber by a public utility or its contractors for the purpose of constructing or maintaining a right-of-way.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.