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If a final agency action is gotten in by the division under this subsection against the lumber buyer, the guaranty or various other individual in belongings of the security will supply the quantity of the protection identified in the order. A case for forfeiture of a timber buyer's bond under IC 4-21. sell my land auburn alabama.5 is the unique remedy under law for the forfeit of the bond.(h) An owner of building seeking a preliminary order or restraining order versus a person, corporation, or other entity to stop or quit the wrongful cutting of wood on the owner's residential or commercial property is eliminated of the requirement to upload a bond or other safety and security with the court as a requirement to the issuance of the initial order or restraining order.








Sec - timber harvester auburn al,. 3.1. The division may under IC 4-21.5 -3 -6 concern a notice of offense against an individual that has actually violated this phase or the guidelines adopted under this phase (timber buyer auburn alabama,). The notice of infraction will be released to the registrant as well as the registrant's sureties mentioning as a whole terms:-LRB- 1) the nature of the violation; and( 2) that a proceeding looking for loss of the bond might be started twenty (20) days after service of the notification on the registrant if at the end of that duration the infraction still continues to be and also neither the registrant nor the surety has actually asked for judicial testimonial of the notice.


Sec (timber harvester auburn al,). 3.2. (a) This section describes an adjudicative case versus:-LRB- 1) a lumber customer; or( 2) an individual that cuts wood but is not a wood customer (referred to as a "lumber cutter" in this area).(b) The department may under IC 4-21.5 -3 -8 commence a proceeding against a wood buyer or a hardwood cutter if there is reason to think that:-LRB- 1) the timber customer or hardwood cutter has actually acquired hardwood from a wood grower under a created contract for the sale of the lumber without settlement having actually been made to the timber farmer as defined in the contract; or( 2) if:(A) there is no created contract for the sale of the lumber; or(B) there is a composed agreement for the sale of the wood but the agreement does not set forth the acquisition price for the lumber; the hardwood purchaser or lumber cutter has actually reduced timber or gotten lumber from the lumber grower without settlement having been made to the wood cultivator equivalent to the worth of the hardwood as identified under IC 26-1-2.(c) A proceeding may be commenced under this area at the demand of a lumber farmer.(d) The necessary celebrations to a proceeding started under this area are:-LRB- 1) the timber cultivator; click now as well as( 2) the lumber purchaser or hardwood cutter.(e) After the beginning of a case under this area via the service of a complaint under IC 4-21.5 -3 -8, a party to the proceeding may relocate for the joinder of any of the adhering to individuals having a relationship to the site or topic of the grievance:-LRB- 1) The guaranty of the hardwood buyer.( 2) A lumber customer.( 3) A timber cutter.( 4) A landowner.( 5) An owner of land beside the land from which the hardwood was reduced.( 6) A specialist getting a cost for services connected to the lumber.( 7) A surveyor doing a minimum conventional detail study in Indiana under the requirements of the Indiana Society of Specialist Land Surveyors and also Indiana Land Association.( 8) The division of natural sources, if the division has a connection to the site or topic of the grievance as a landowner or proprietor of adjacent land.(f) The problem served under IC 4-21.5 -3 -8 to commence a proceeding under this area might look for the complying with:-LRB- 1) Damages in settlement for damage really resulting from the wrongful activities of a timber purchaser or hardwood cutter.( 2) Damages equivalent to 3 (3) times the stumpage value of any type of hardwood that is wrongfully cut or appropriated without settlement.(g) Regardless of subsection (f), the obligation on the surety bond of a hardwood cutter is restricted to the worth of any type of timber wrongfully cut or appropriated.(h) A continuing under this section is controlled visit here by IC click for info 4-21.5.