2006 Minnesota Statutes

88.642 DECORATIVE MATERIALS.
    Subdivision 1. Written consent. No person shall cut, harvest, remove, transport, or possess
for decorative purposes or for sale more than three decorative trees, more than 100 pounds of
decorative boughs, or more than 100 pounds of any other decorative materials without the written
consent of the owner or authorized agent of the private or public land on which the decorative
materials were cut or harvested. The written consent shall be on a form furnished or otherwise
approved by the commissioner of natural resources and shall contain the legal description of the
land where the decorative materials were cut or harvested, as well as the name of the legal owner
of the land or the owner's authorized agent. The written consent must be carried by every person
cutting, harvesting, removing, possessing, or transporting any decorative materials, or in any way
aiding therein, and must be exhibited to any officer at the officer's request at any time.
    Subd. 2. Inspection and investigation. Any officer shall have power to inspect any
decorative materials when being transported in any vehicle or other means of conveyance or by
common carrier, to make an investigation with reference thereto as may be necessary to determine
whether or not the provisions of sections 88.641 to 88.648 have been complied with, to stop
any vehicle or other means of conveyance found carrying decorative materials upon any public
highways of this state, for the purpose of making an inspection and investigation, and to seize
and hold subject to the order of the court any decorative materials found being cut, removed, or
transported in violation of any provision of sections 88.641 to 88.648. Failure to comply with
the requirements of sections 88.641 to 88.648 subjects the decorative materials to seizure and
confiscation as contraband in addition to other penalties provided by law.
    Subd. 3. Transportation requirements. No person, common carrier, bough buyer, or
authorized agent shall purchase or otherwise receive for shipment or transportation any decorative
materials without recording the seller's or consignor's name and address and the written consent
on a form furnished or otherwise approved by the commissioner of natural resources.
    Subd. 4. No written consent. Failure to possess or exhibit a written consent shall be prima
facie evidence that no consent was given or exists.
    Subd. 5. Exceptions. (a) This section does not apply to decorative materials in the possession
of or being transported by a federal, state, or local government official for a legitimate public
purpose.
(b) This section does not apply to a person cutting, harvesting, possessing, or transporting
decorative materials cut from the person's own property if the person produces documentation
that the person owns the property where the decorative materials were cut.
History: 1949 c 546 s 2; 1967 c 905 s 9; 1969 c 1129 art 10 s 2; 1976 c 181 s 2; 1983 c 133
s 2; 1986 c 444; 1Sp2001 c 2 s 96