2006 Minnesota Statutes

90.251 TIMBER SCALING.
    Subdivision 1. Scaling and check scaling procedures and requirements; penalty. The
commissioner shall institute scaling and check scaling procedures for state timber sufficient to
protect the interest of the state. This will include the assignment of a trained timber scaling
specialist in the classified service to be responsible for check scaling and to develop scaling and
check scaling techniques and standards. The scaling and check scaling techniques and standards
shall be approved by the commissioner. Check scaling shall also be accomplished by other
forestry supervisors with reports forwarded to the timber scaling specialist. The timber scaling
specialist shall report any scaling deficiencies or trespass to the commissioner. Any deficiencies
requiring the attention of the attorney general or State Executive Council will be forwarded to
these offices by the commissioner. All timber cut on lands in the charge of the commissioner,
except as expressly provided otherwise by the commissioner shall be scaled. No timber may be
scaled until it is first properly identified as specified in the permit. All scaling shall be done
upon the land from which the timber was cut; provided that the state appraiser, subject to the
approval of the commissioner, may designate in writing to a permit holder another location where
such timber may be scaled, counted or measured; all logs individually scaled shall be numbered
consecutively, and the number of each entered upon the minutes of the scaler; allowance shall
be made for defects to make the timber equivalent to merchantable timber. No state timber shall
be removed from the land where it was cut until it has been so scaled or counted except as
herein provided. Any person removing timber from the land where it was cut, or from the place
designated, before it has been so scaled or counted is guilty of trespass.
    Subd. 2. Reports of scaled timber. The scaler or state appraiser shall make separate reports
to the commissioner of all such timber scaled, covering the respective permits. Each report shall
describe the land on which the timber was cut, the quantities of each kind or species of timber, the
total number of feet or other units of measurement, as the case may be.
    Subd. 3. Final examination. Final examination of lands and timber covered by any permit
shall be made by a state appraiser at or subsequent to the expiration of the permit or of any cutting
season and it shall be the duty of such appraiser to ascertain and report the amount of any timber
covered by the permit and cut and left on the land or left standing thereon, but the appraiser shall
not report any timber cut and left which has been marked as scaled.
    Subd. 4. Scaling requirements. No state timber shall ever be scaled for or on behalf of
the state by any person except a state appraiser or scaler except as provided otherwise by the
commissioner, and as far as practicable the scaler and appraiser shall not be the same person
for any timber cut under a permit. No scale, count, measurement, or estimate of state timber
officially made and reported by any state appraiser or scaler shall ever be changed or altered by
any other person, nor superseded or set aside in any manner except as expressly provided in this
chapter. Reappraisals of unsold state land or timber may be made when deemed advisable by
the commissioner. Except as herein expressly provided and as generally authorized by section
16D.09, no claim of the state for timber from state lands shall ever be settled or discharged
for less than the full amount thereof as shown by the scale or estimate of scalers, or of state
appraisers, as the case may be.
History: (6394-22,25,26) 1925 c 276 s 22,25,26; 1957 c 278 s 1; 1961 c 202 s 18,20,21;
1967 c 568 s 11; 1969 c 366 s 8,9; 1973 c 492 s 14; 1982 c 511 s 22,23; 1984 c 613 s 5; 1986 c
444; 1995 c 186 s 25; 2003 c 73 s 12