Wood on side of the road....

[mattd860 162]

I have a very mall problem and I'm looking for some advice. I burn a lot of wood during the winter so I'm always picking up after the State DOT cuts down trees by the sides of the road. So last Wednesday I was loading up my truck when all of a sudden a person in a small SUV stopped and asked me to stop taking his wood because I was on his property. He also said I can take the wood I had already loaded in my truck. I was a little perplexed because I was within 4ft from the side of the road and there was nothing but woods. I am generally a nice guy so I apologized and thanked him for the wood and then drove off.

Well.... It is now Sunday and the wood is still sitting there. I have called my friend who works at the local DOT that cut down the tree and he informed me that the wood is on state property. He said that there is a stonewall behind the wood and that is where the private property begins. So IF the guy who asked me to stop was the actual landowner and not someone messing with me, he obviously thinks his property extends past the stonewall to the street.

So here's my problem - I know I can go get the wood without threat of legal action but I don't want to anger the land owner (if he catches me ). So what would you all do? Go back and get it or leave it and move on??

[can whlvr 991]

i do the same up here,follow hydro around,if its in front of a house or farm in plain sight i leave it or ask,in the woods where no homes are around i just take it

[squonk 39,126]

Leave it. Not worth the hassle. Or find the driveway and knock on the door and see if it's the same person and ask if you can have it.

[Coadster32 793]

Invite one of your biggest friends for a ride in the truck, then go and get it. City workers once cut down a tree in front of my house, and took wood from my property. Couldn't get it back. I wouldn't hesitate to go and get the wood myself. Once it's gone, it's gone.

[hbrooks49 12]

Before I went back I would go down to the Town Hall and see if the state "owns" that land or just has a right of way (usually the case). Utility companies, railroads, states and municipalities all have "right of ways" onto most privately held land but the land is owned by the deed holder. Local and state laws vary and cover uses and exceptions but in New York State the landowner would generally be considered the owner and it is within his right to claim spoils left by tree trimming, etc. and removal, particularly after being told not to remove the material would be a criminal act, not a civil matter. Do you really need a criminal record for a few bucks worth of firewood ? (We have had that happen locally - it is not just a "possibility").

[Ken B 3,116]

I'm with Coadster. Take a Big Bubba type friend along with you if you have one like that, going alone is always a little risky when getting firewood. What if you hurt yourself and know body is around? Chances are if he comes along again he won't run his mouth if you have someone else with you. You can also let him know that you found out it is on state property.

Hbrooks has some good advice to follow as well.

[Don1977 604]

Don't know how it is in your state. My property line original ran to the center of the road. The state has a 30 ft right of way on each side of the center line I would not call it state property.

[dennist 139]

Matt, I understand what you are saying/thinking, but around here if you are doing that and asked to stop, "Big Bubba" may not be able to help if you were to return. Even though in your mind it may be "Free" wood,....A land owner that has been paying taxes for years on that wood may have a different out-look. As you said, he did not cut it down or put a free for taking sign up? He may burn wood and just not have had time to clean it up yet?

IMO, I would ask the true land owner and go from there, as there are plenty of them out there that will welcome you to take their cut down/fallen trees.

[CasualObserver 3,406]

Leave it. Not worth the hassle. Or find the driveway and knock on the door and see if it's the same person and ask if you can have it.

This is sound advice. Just a little courtesy can go a long way in a situation like this. Just because you think its "free" wood doesn't mean it's yours. Maybe the guy asked the road crew to leave it for him.... that is, if he even was the landowner of the other side of the stone wall..... could have just been another guy who picks cuts off that road.

[AMC RULES 36,961]

Gettin' a little wood ain't worth dying for...is it?

[hbrooks49 12]

I think that getting killed is highly unlikely around here, but it would not be unheard for a landowner to try to hold you to wait for the state police to show up if you are caught stealing. Local farmers have very little patience with people who take things.

[mattd860 162]

Let's make one thing clear. I have no intention of stealing. IF and only if the wood was on state property then I feel I am within my right to take it. I checked with the DOT and they said it was state land but I haven't checked with the town - nor do I plan to. I am just going to leave it alone and move on.

I as merely trying to see if I was being too much of a 'nice guy' which tends to get the best of me sometimes :)

[can whlvr 991]

probally a good decision,there will be more wood in time,

[64s 83]

Matt, If you have a local state DOT office, go there and ask if you can have it and if they might supply you with a letter stating its state land. Also, are you sure that the DOT cut the tree? If so, its probably state land and the 'land owner' hasn't paid a dime in taxes on that tree. The state usually doesn't cut trees on private property, that's usually utility companies.

Is all this worth it?? Only you can decide.

I have a friend who works for the DOT down here in the western corner. I can ask him if you want - but it will have to wait until the weekend - right now he's in Italy.

[c161rat 185]

Gettin' a little wood ain't worth dying for...is it?

Dont do it Joe.......dont take the bait.......Craigs setting you up!!!!! how long is the first suspension for lewd remarks?????,,,,,,OOPS I was using my outside typing.....everyone can see it.......Damn!!!!!! Carry on folks...nothing to see here!!!!

[AMC RULES 36,961]

http://www.merriam-webster.com/dictionary/double%20entendre

[Rooster 191]

I as merely trying to see if I was being too much of a 'nice guy' which tends to get the best of me sometimes

Sure beats being an ass....

[Forest Road 594]

Matt I burn all winter as well. A few years ago I spoke with some tree guys working in my neighborhood. Asked them what it would cost to have a truckload of logs dumped in my yard. How about a case of beer was the answer. That lasted 4 years when the business sold. I've found a couple other companies willing to do the same thing for under $100. It sure beats chasing wood piles.

[IthacaJeff 151]

Let's put it another way. . . if it was YOUR land would you want someone picking up stuff? My property

line technically goes to the middle of the road, but the state has rights to the road and trimming the brush

along side the road and maintaining the drainage ditch alongside the road. The trees, though, are mine,

even if the town (or utility company) needs to cut them.

I'd be really, really, ticked off to see someone scavenging from my land, and if you don't know precisely

who owns the roadside strip, you should assume it is the landowner. And if you don't know exactly

whose trees they are, leave them alone.

The amount of wood you burn is immaterial. The fact that the wood may rot in the ground is immaterial.

Jeff