90.151 PERMITS TO CUT AND REMOVE TIMBER.
Subdivision 1. Issuance; expiration.
(a) Following receipt of the down payment for state
timber required under section
, the commissioner shall issue a numbered permit to
the purchaser, in a form approved by the attorney general, by the terms of which the purchaser
shall be authorized to enter upon the land, and to cut and remove the timber therein described
as designated for cutting in the report of the state appraiser, according to the provisions of this
chapter. The permit shall be correctly dated and executed by the commissioner and signed by the
purchaser. If a permit is not signed by the purchaser within 60 days from the date of purchase, the
permit cancels and the down payment for timber required under section
forfeits to the state.
(b) The permit shall expire no later than five years after the date of sale as the commissioner
shall specify or as specified under section
, and the timber shall be cut within the time
specified therein. All cut timber, equipment, and buildings not removed from the land within 90
days after expiration of the permit shall become the property of the state.
(c) The commissioner may grant an additional period of time not to exceed 120 days for the
removal of cut timber, equipment, and buildings upon receipt of such request by the permit holder
for good and sufficient reasons. The commissioner may grant a second period of time not to
exceed 120 days for the removal of cut timber, equipment, and buildings upon receipt of a request
by the permit holder for hardship reasons only.
Subd. 2. Permit requirements.
The permit shall state the amount of timber estimated for
cutting on the land, the estimated value thereof, and the price at which it is sold per thousand
feet, per cord, per piece, or by whatever description sold, and shall specify that all landings of
cut products shall be legibly marked with the assigned permit number. The permit shall provide
for the continuous identification of the cut timber from the time of cutting until delivery to the
consumer. The permit shall provide that failure to continuously identify the timber as specified
in the permit constitutes trespass.
Subd. 3. Security provisions.
The permit shall contain such provisions as may be necessary
to secure to the state the title of all timber cut thereunder wherever found until full payment
therefor and until all provisions of the permit have been fully complied with. The permit shall
provide that from the date the same becomes effective until the expiration thereof, including all
extensions, the purchaser and successors in interest shall be liable to the state for the full permit
price of all timber covered thereby, notwithstanding any subsequent damage or injury thereto or
trespass thereon or theft thereof, and without prejudice to the right of the state to pursue such
timber and recover the value thereof anywhere prior to the payment therefor in full to the state.
Upon recovery from any person other than the permit holder, the permit holder shall be deemed
released to the extent of the net amount, after deducting all expenses of collecting same, recovered
by the state from such other person.
Subd. 4. Permit terms.
The permit shall provide that all timber sold or designated for
cutting shall be cut without damage to other timber; that the permit holder shall remove all timber
authorized to be cut under the permit; that timber sold by board measure but later determined by
the commissioner not to be convertible into board measure shall be paid for by the piece or cord
or other unit of measure according to the size, species, or value, as may be determined by the
commissioner; that all timber products, except as specified by the commissioner, shall be scaled
and the final settlement for the timber cut shall be made on this scale; and that the permit holder
shall pay to the state the permit price for all timber authorized to be cut, including timber not cut.
Subd. 5. Report provisions.
The permit shall provide that the permit holder upon request of
the commissioner shall make a report in writing to the commissioner under oath enumerating and
stating the amounts of timber cut under such permit, the kinds of timber removed and the amounts
of each in board feet, per piece, in cords, or any other unit of measure, in the manner required by
the commissioner. Any false return or report made to the commissioner by any such permit holder
or by any one representing the permit holder shall constitute a gross misdemeanor.
Subd. 6. Notice and approval required.
The permit shall provide that the permit holder shall
not start cutting any state timber nor clear building sites nor logging roads until the commissioner
has been notified and has given prior approval to such cutting operations. Approval shall not
be granted until the permit holder has completed a presale conference with the state appraiser
designated to supervise the cutting. The permit holder shall also give prior notice whenever
permit operations are to be temporarily halted, whenever permit operations are to be resumed, and
when permit operations are to be completed.
Subd. 7. Liability for timber cut in trespass.
The permit shall provide that the permit
holder shall pay the permit price value for any timber sold which is negligently destroyed or
damaged by the permit holder in cutting or removing other timber sold. If the permit holder shall
cut or remove or negligently destroy or damage any timber upon the land described, not sold
under the permit, except such timber as it may be necessary to cut and remove in the construction
of necessary logging roads and landings approved as to location and route by the commissioner,
such timber shall be deemed to have been cut in trespass. The permit holder shall be liable for any
such timber and recourse may be had upon the bond.
Subd. 8. Suspension; cancellation.
The permit shall provide that the commissioner shall
have the power to order suspension of all operations under the permit when in the commissioner's
judgment the conditions thereof have not been complied with and any timber cut or removed
during such suspension shall be deemed to have been cut in trespass; that the commissioner may
cancel the permit at any time when in the commissioner's judgment the conditions thereof have
not been complied with and such cancellation shall constitute repossession of the timber by the
state; that the permit holder shall remove equipment and buildings from such land within 90 days
after such cancellation; that, if the purchaser at any time fails to pay any obligations to the state
under any other permits, any or all permits may be canceled; and that any timber removed in
violation of the terms of the permit or of any law shall constitute trespass.
Subd. 9. Slashings disposal.
The permit shall provide that the permit holder shall burn or
otherwise dispose of all slashings or other refuse resulting from cutting operations in the manner
now or hereafter provided by law.
Subd. 10. Injunctive relief.
The permit shall provide that at any time the state may bring an
action or suit to restrain, enjoin and prohibit the further cutting or removal of timber or the further
entry of the permit holder or representatives upon any of the lands covered by the permit when in
the opinion of the attorney general any of the terms of the permit are being or have been violated,
which suit shall be without prejudice to any other action or proceeding on behalf of the state.
Subd. 11. Void for nonconformance.
Except as authorized under section
, any permit
which fails to conform to the requirements of this section or, in the case of a permit issued under
, which fails to conform to the requirements of section
, shall be void.
Subd. 12. Addition of unsold timber.
The permit shall provide that should the commissioner
find it advisable to salvage or remove for proper forest management certain unsold timber within
the permit area, this timber, with the written consent of the permit holder, may be added at an
appraised price to the timber sold.
Subd. 13.[Repealed, 1994 c 551 s 12
Subd. 14.[Repealed, 1994 c 551 s 12
Subd. 15. Liquidated damages.
The permit may include a schedule of liquidated damage
charges for breach of permit terms by the permit holder. The damage charges shall be limited
to amounts that are reasonable in light of the anticipated or actual harm caused by the breach,
the difficulties of proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining
an adequate remedy.
History: (6394-17) 1925 c 276 s 17; 1937 c 368 s 3; 1961 c 202 s 14; 1967 c 27 s 1; 1967 c
66 s 2; 1967 c 110 s 3-9; 1967 c 568 s 5-7; 1969 c 366 s 3; 1975 c 106 s 3,4; 1981 c 305 s 5,6;
1986 c 444; 1987 c 109 s 8,9; 1994 c 551 s 6; 2000 c 485 s 4,5; 2002 c 351 s 4; 2003 c 73 s
5,6; 2004 c 241 s 8; 2006 c 281 art 3 s 12-14