# Taking wood from along the road, legal?



## Cornflakes (Dec 1, 2014)

Just curious as to prevent any legal issues... 

Is wood laying along the road fair game? The county, or maybe a power company, left some walnut along the road back a country road near my moms.  Needless to say I acted on my first impulse "free wood!!".... And proceeded to fill the back of my rav4 to the brim (seats down, the whole nine) .... It dawned on me later that what I did may not have been right.   

Any insights from you veterans?


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## HybridFyre (Dec 1, 2014)

The answer is it depends. Some states/counties have different rules. Out where I am most technically don't let you but assuming you are pulled all the way off a main road (assuming highway or route and not a side street) and not endangering traffic they usually don't care.


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## PA. Woodsman (Dec 1, 2014)

Well, I always try to call the local "county assessment office" and tell them the whereabouts of it, that way I can contact the owner and get the okay to take it. I have this "thing" about just taking any wood laying around, assuming that it is free-bad karma thing, you know? I'd rather be given the green light and be sure.

Just drove by some wood yesterday that I saw over a year ago and it's still laying there; had stopped in at a neighboring office to track the owners down, never got a real straight answer so I let it sit. And it's still there, so I could've taken it no problems, but since I didn't get a green light I let it sit. I feel it's always better to ask first.....


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## firefighterjake (Dec 1, 2014)

Depends.

Always had the belief that I would rather miss out on a scrounge and rue the fact . . . then to steal wood from somebody that was planning on picking it up off their property and they just had not been out to get it yet. As mentioned . . . it's always better to ask . . . worse they can say is "No." 

Well, maybe they might turn out to be homicidal serial killers and you asking them might make you their next victim . . . so maybe the worse thing they can say is "No" is not entirely correct . . .


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## Wood Duck (Dec 1, 2014)

I generally will pick up wood that is on the roadside through public land, water company property (it is common for public water companies to own watersheds around reservoirs here in PA), utility company land, etc. I don't pick it up from roadsides through private land without asking. Is this strictly legal? I don't know, but I don't lose any sleep over it.


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## Charles1981 (Dec 1, 2014)

If it is private land...and you dont ask the owner... It is extremely rude and stealing. 

Doesn't stop people from doing it anyway. I have asked a number of people before and been politely declined usually, and rudely declined occaisonnally. And sometime they say have at it.


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## fire_man (Dec 1, 2014)

In my town, if it's on the side of a public road it's fair game but I always ask the closest property owner first. 
The town has no problem with me cutting up wood on a dangerous and busy street, but once they cart it back to the landfill (in a nice open field) I'm not allowed to cut it up due to liability concerns. 

Go figure


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## Sodbuster (Dec 1, 2014)

Drive up the driveway and ask, it's not that hard. I've even gotten extra wood by doing just that. They'll say I've got a couple more back here if you're interested. To most people a downed tree is a liability, not a score!


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## eclecticcottage (Dec 1, 2014)

We will take any that's on the road side (like where you'd put garbage) of the sidewalk in town (if it's on the other side it's "off limits"), and it's rarely out by the road out here, but if it is we'll ask about it.  That's how we scored the big pile o pine a couple years ago.


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## claydogg84 (Dec 1, 2014)

I work for a county highway department. The county has a rightaway which is 25 ft from the center line. So technically, anything that falls under that distance belongs to the county, not the property owner. Our tree crew frequently drops trees and will leave the wood alongside the road for whomever wants it. If they are doing work in my neighborhood I ask them to leave it in 6 foot lengths so the average joe won't stop on their way home from work and scap it up before I can get to it after work with a saw.


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## Bret Chase (Dec 1, 2014)

claydogg84 said:


> I work for a county highway department. The county has a rightaway which is 25 ft from the center line. So technically, anything that falls under that distance belongs to the county, not the property owner. Our tree crew frequently drops trees and will leave the wood alongside the road for whomever wants it. If they are doing work in my neighborhood I ask them to leave it in 6 foot lengths so the average joe won't stop on their way home from work and scap it up before I can get to it after work with a saw.



The rules are very different state to state.  In Maine, highway rights of way are variable in width... the town road in front of my house is 3 rods... 49'6"... the state highway on the side is 4 rods... 66'  While I cannot stop them from cutting in the ROW.. it's still my wood.


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## smokedragon (Dec 1, 2014)

fire_man said:


> In my town, if it's on the side of a public road it's fair game but I always ask the closest property owner first.
> The town has no problem with me cutting up wood on a dangerous and busy street, but once they cart it back to the landfill (in a nice open field) I'm not allowed to cut it up due to liability concerns.
> 
> Go figure



Ditto to everything you said.  My town grinds them into mulch, and I have seen some really nice hardwoods get turned into tiny shavings.......


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## claydogg84 (Dec 1, 2014)

smokedragon said:


> Ditto to everything you said.  My town grinds them into mulch, and I have seen some really nice hardwoods get turned into tiny shavings.......



Here's a video of where my county guys dump all the wood nobody picks up. They're due to get the tub grinder in there pretty soon.


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## Badger (Dec 1, 2014)

They pile and burn ours... How ever they typically cut it in manageable pieces that a guy can pick up and throw in his truck.  Last year I pulled close to a cord out of the dump.  Got skunked this year.

Best part is, the dump is half a mile from my kids school.  They are extremely embarrassed when I pick them with a truck full of junk.


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## Whitepine2 (Dec 1, 2014)

Before Tel. or Light Co. cuts I need to sign a release for them to do so. I have about a mile of road
frontage wooded both sides as well as 80 acres of wood land so plenty of wood. I ask them to cut as
long as they can and I pull it back with tractor and farmi wench. Many times folks come along and
help themselves and I remind them it belongs to me however if anyone asks they are welcome to it
but ask I got plenty. In the past I've let folks cut around the fields or blow-downs in the woods however
not so much because of the lawyers and suites of liability. If I know them O.K. but not just anybody
not the way it is today. Point is the wood belongs to somebody folks just come on your land and take.
Holly will be next just got done with pairs trees across from house and they will stop and take off the tree I run them out anyone that asks and many do have at it,now if someone is walking by and grab a
few no big deal there welcome but some folks bring bags and go over the wall with bags they get run
out some are pissed but so am I


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## firefighterjake (Dec 2, 2014)

Bret Chase said:


> The rules are very different state to state.  In Maine, highway rights of way are variable in width... the town road in front of my house is 3 rods... 49'6"... the state highway on the side is 4 rods... 66'  While I cannot stop them from cutting in the ROW.. it's still my wood.



It's also a different mindset here . . . when a tree trimming company went through my town a few years back I asked about wood and they replied that since so many folks burn wood they leave the bigger stuff for the landowners and have never had to go back to clean it up at a later date.

I suspect Bret and I would find that here in Maine there are many folks burning wood who would be pretty irate if the company didn't leave the wood for the landowner . . . and the landowner in many cases would be pretty irate if someone came along and took "their" wood.


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## firefighterjake (Dec 2, 2014)

smokedragon said:


> Ditto to everything you said.  My town grinds them into mulch, and I have seen some really nice hardwoods get turned into tiny shavings.......



Just found out the other day that the City's wood dump (which is free) has a contract with a company that chips all the wood for bio-fuel . . . most of what I've seen there though tends to be pine and willow. As you say, it's pretty sad though when I see good hardwood being chipped up.


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## Bret Chase (Dec 2, 2014)

firefighterjake said:


> It's also a different mindset here . . . when a tree trimming company went through my town a few years back I asked about wood and they replied that since so many folks burn wood they leave the bigger stuff for the landowners and have never had to go back to clean it up at a later date.
> 
> I suspect Bret and I would find that here in Maine there are many folks burning wood who would be pretty irate if the company didn't leave the wood for the landowner . . . and the landowner in many cases would be pretty irate if someone came along and took "their" wood.



I have had this conversation:

 "take my wood out of your vehicle, now....."
"b-b-butt, XXXXX tree said it was free for the taking..."
"you are standing on my land, removing my property, the PD is on their way, do as you will...."

I've never seen a more hastily unloaded pickup....


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## claydogg84 (Dec 2, 2014)

Bret Chase said:


> The rules are very different state to state.  In Maine, highway rights of way are variable in width... the town road in front of my house is 3 rods... 49'6"... the state highway on the side is 4 rods... 66'  While I cannot stop them from cutting in the ROW.. it's still my wood.



While I'm not 100% sure, I do believe that as long as it is laying on the county/state/town ROW it is theirs, and they will remove it in due time. If the wood is laying past their ROW and in fact laying on your property, then absolutely - it's yours. Just because your property has road frontage, doesn't mean it is yours all the way to the road.


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## bassJAM (Dec 2, 2014)

My neighbor paid to have a bunch of dead ash trees taken down near the road in front of their house, and promised the wood to me which was cut in 4' lengths.  It took about a month before I could get over to get it, but by then most of the good wood had already been stolen.  Twice I caught guys pulling halfway off the road (which was dangerous since it's a blind curve in a 55mph zone) and tossing the logs in.  They scrambled as soon as they saw me so I never got a chance to make them unload the wood, both times it was different guys.


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## claydogg84 (Dec 2, 2014)

Waiting to hear back from the engineering department here for a better answer.


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## claydogg84 (Dec 2, 2014)

Ok, I'm in Hudson Valley, NY. Talked to the engineering department and they said this - If the wood is on the county ROW, it is free for the taking. Your average Joe has just as much right to it as the homeowner. Am I saying that a police office won't side with the homeowner to diffuse a situation? No. But what I am saying is that if I had a homeowner tell me it was his property, I was stealing, and that he called the police - I would wait for them to come and politely explain why the homeowner is wrong.


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## Whitepine2 (Dec 2, 2014)

claydogg84 said:


> While I'm not 100% sure, I do believe that as long as it is laying on the county/state/town ROW it is theirs, and they will remove it in due time. If the wood is laying past their ROW and in fact laying on your property, then absolutely - it's yours. Just because your property has road frontage, doesn't mean it is yours all the way to the road.


 That's not entirely true some of the deed's read to the center of the road and I my case there was
no layout of the road at town hall, Tel.Co was on my property starting to put up one of thier little green boxes.When I arrived I asked them to put it more to West as there was a bar-way to the woodlot.Well
that just was not going to happen I said if it was I'd push it over.The lady in charge would have none
of it she would take care of me.About a month later same lady came back with an easement for me to
sign,the box moved West and a $1,000 check which I didn't want but was forced to take,things are not always as they seem.


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## claydogg84 (Dec 2, 2014)

Whitepine2 said:


> That's not entirely true some of the deed's read to the center of the road and I my case there was
> no layout of the road at town hall, Tel.Co was on my property starting to put up one of thier little green boxes.When I arrived I asked them to put it more to West as there was a bar-way to the woodlot.Well
> that just was not going to happen I said if it was I'd push it over.The lady in charge would have none
> of it she would take care of me.About a month later same lady came back with an easement for me to
> sign,the box moved West and a $1,000 check which I didn't want but was forced to take,things are not always as they seem.



If you read further down you will see I got an answer directly from the engineering department on this matter.


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## Whitepine2 (Dec 2, 2014)

claydogg84 said:


> If you read further down you will see I got an answer directly from the engineering department on this matter.


Well that might well be true in NY and on all State Roads in Ma. However after being a police officer
for 33 years the land owner rules. All land owners need to sign an easement with the power Co.
before any cutting so there must be a reason for that at least in Ma.


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## claydogg84 (Dec 2, 2014)

Whitepine2 said:


> Well that might well be true in NY and on all State Roads in Ma. However after being a police officer
> for 33 years the land owner rules. All land owners need to sign an easement with the power Co.
> before any cutting so there must be a reason for that at least in Ma.



Home owners are given no notification of cutting trees that are on the ROW here.


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## Cornflakes (Dec 2, 2014)

Thanks to all for the dialog to read.
I'm going to play it safe from now on and ask prior to removal. The wood I took wasn't near the home of the land owner, as it was all farm land and back a country road. The wood was literally right next to the road so it seemed like fair game. 

I did go back to see if the big stuff was still there but it was gone... So someone scarfed it up.


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## Whitepine2 (Dec 2, 2014)

Cornflakes said:


> Thanks to all for the dialog to read.
> I'm going to play it safe from now on and ask prior to removal. The wood I took wasn't near the home of the land owner, as it was all farm land and back a country road. The wood was literally right next to the road so it seemed like fair game.
> 
> I did go back to see if the big stuff was still there but it was gone... So someone scarfed it up.


 Yes it's always nice to ask,most folks don't want the wood and are glad for someone to take it but those that use the wood want it.


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## Bret Chase (Dec 2, 2014)

claydogg84 said:


> If you read further down you will see I got an answer directly from the engineering department on this matter.



Their opinion is valid for hudson valley, NY, Not Maine.  I just went through this 3 weeks ago w/ my town. In Maine, road ROW's are not designated from centerline... they are strips of land that the entire roadbed must remain in, and a lot of the time are bounded by stone walls.  In the case of my road, over the last century or so, the end of the it ran out of the ROW, and the town had to move it.  They wanted to take out 3 pines and one white oak of mine.  I let them take down the pines, but my oak still stands, because *I* said no.

Also, in Maine.... the county gov't is extremely weak... there are no county roads, there is no "out in the county" (Not talking about The County)  In fact the only functions that even exist on the county level are the Superior Court, Registry of Deeds, Probate, and the Sheriff's dept.  that's it.


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## claydogg84 (Dec 2, 2014)

Bret Chase said:


> Their opinion is valid for hudson valley, NY, Not Maine.  I just went through this 3 weeks ago w/ my town. In Maine, road ROW's are not designated from centerline... they are strips of land that the entire roadbed must remain in, and a lot of the time are bounded by stone walls.  In the case of my road, over the last century or so, the end of the it ran out of the ROW, and the town had to move it.  They wanted to take out 3 pines and one white oak of mine.  I let them take down the pines, but my oak still stands, because *I* said no.
> 
> Also, in Maine.... the county gov't is extremely weak... there are no county roads, there is no "out in the county" (Not talking about The County)  In fact the only functions that even exist on the county level are the Superior Court, Registry of Deeds, Probate, and the Sheriff's dept.  that's it.



I mentioned Maine 0 times. My information was strictly regarding where I am.


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## firefighterjake (Dec 2, 2014)

Cornflakes said:


> Thanks to all for the dialog to read.
> I'm going to play it safe from now on and ask prior to removal. The wood I took wasn't near the home of the land owner, as it was all farm land and back a country road. The wood was literally right next to the road so it seemed like fair game.
> 
> I did go back to see if the big stuff was still there but it was gone... So someone scarfed it up.



. . . or the landowner came by to pick it up.  I think your decision to ask first is a good one for future scrounging. My family owns a fair amount of farm land and they have on occasion dropped a tree and not gone to pick it up for a few days . . . even though their homes are not next to the field . . . something worth bearing in mind.


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## fire_man (Dec 2, 2014)

firefighterjake said:


> As you say, it's pretty sad though when I see good hardwood being chipped up.



Especially when chipped to make those silly pellets .


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## Hogwildz (Dec 3, 2014)

It's only illegal, if you get caught.


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## Charles1981 (Dec 3, 2014)

My boss had 4 trees cut down on her property and it was all bucked for me to pickup (2 locust, 2 cherry).

1 tree was about 12 feet away from the road, and another 15 feet and both piles were right next to their respective stumps. This is a dirt road. She caught a pair of guys taking one load, got the license plate # and came out to tell them to stop and they ran and drove off.  She called the police and 4 hours later the wood was back no charges filed. And this was just a few weeks ago.

I just got a robo phone call from DTE energy stating they were taking down trees in our area and that we were to leave a voicemail message with our name, number, and address if we wished to have any said trees left down on the property otherwise DTE would likely be taking them with. The good thing about the power and phone lines in my area are they cut through my property about 80 feet away from the road. So anything that is taking down is well on my property. You have really have to have some balls to come on to it especially with the no trespassing signs and no hunting signs up every 25 feet.


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## peakbagger (Dec 3, 2014)

The local NH DOT division lot got an OWB two years ago. They don't seem to leave any wood along the side of the road anymore and must have 30 or 40 cords piled up in their back lot.


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## Gboutdoors (Dec 3, 2014)

NStar Electric is about to start cutting in our town to clear the trees around wires. They sent a letter to all the land owners telling us and asking for permission to cut. They said they would chip all the small stuff and leave the logs for us if we want it. If not picked up in a week or two they will come back by and remove them. I send the letter back giving permission but that I wanted to know the dates they would be by so I can get my trees because if they left them there someone might come by and pick up MY trees. So yes I think you should ask first.

Ps anyone in the S.E.Mass New Bedford area on my street alone they are taking down many full size oaks and maples that none of my neighbors want so if interested give me a pm and I will try and set you up.


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## bubbasdad (Dec 3, 2014)

Charles1981 said:


> My boss had 4 trees cut down on her property and it was all bucked for me to pickup (2 locust, 2 cherry).
> 
> 1 tree was about 12 feet away from the road, and another 15 feet and both piles were right next to their respective stumps. This is a dirt road. She caught a pair of guys taking one load, got the license plate # and came out to tell them to stop and they ran and drove off.  She called the police and 4 hours later the wood was back no charges filed. And this was just a few weeks ago.
> 
> I just got a robo phone call from DTE energy stating they were taking down trees in our area and that we were to leave a voicemail message with our name, number, and address if we wished to have any said trees left down on the property otherwise DTE would likely be taking them with. The good thing about the power and phone lines in my area are they cut through my property about 80 feet away from the road. So anything that is taking down is well on my property. You have really have to have some balls to come on to it especially with the no trespassing signs and no hunting signs up every 25 feet.



I have Consumer's and they just show up, no notification at all, just some guy walking thru your yard.  Just for privacy concerns, I asked the forester for Consumers to knock down everything in the right of way, so they don't have to come back.  And I got with my neighbor, talked him into doing the same, the linemen were out here several times per year, throwing the switch on a transformer in his yard.  After the trees were whacked down, we haven't had as many power  outages.


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## TekHearth (Dec 3, 2014)

Around these parts there's a general understanding that if it's sitting in a pile by the side of a *major* road, like the main 2 lane highway that cuts through my county then it was left there by a government sponsored entity (like the power company or highway maintenance) for later chipping shredding/removal by the county. It's generally understood that anything left is "fair game" for anyone who wants it. I've also been told they encourage people to take it by cutting into reasonable sizes for easy grabbing as it just saves work and money for the county down the line.  I've gotten a few truck loads of mixed wood this way. 

I wouldn't just take it if I saw it on a smaller road in front of someone's property, definitely ask first.


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## Wood Duck (Dec 3, 2014)

Some townships near here will chip brush that is left at the curb. I often see pieces of burnable wood piled with the brush, and I pick it up when I see it. As far as I know it is fair game to pick up things left as trash in this manner.

I assume the OP was referring to wood that is cut but hasn't been piled at the curb for disposal, but thought I'd mention it anyway.


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## fabsroman (Dec 3, 2014)

Cornflakes said:


> Just curious as to prevent any legal issues...
> 
> Is wood laying along the road fair game? The county, or maybe a power company, left some walnut along the road back a country road near my moms.  Needless to say I acted on my first impulse "free wood!!".... And proceeded to fill the back of my rav4 to the brim (seats down, the whole nine) .... It dawned on me later that what I did may not have been right.
> 
> Any insights from you veterans?



My dad picks the stuff up all the time when PEPCO cuts the stuff down. I have had some friends call me in the Baltimore area when BGE cuts a tree down. If the tree is on a landowner's property, I would presume that it belongs to the landowner even after it is cut down. However, my dad got 2 truckloads from some stuff that the PEPCO contractors (e.g., Asplundh) left on public property. Police officers were driving by the entire time. Only law I can possibly think that you are breaking is "theft" if the tree happened to be on somebody's property. Now, there are laws against cutting down trees on public property, but I have no idea if there is a law about taking the wood from a downed tree. Best bet would be to contact the utility company and ask them, or if you actually see a contractor cutting the stuff down along the power lines, just stop and ask them. The stuff in Montgomery County lays there for weeks. The contractors are probably hoping that people come along and take it.

Whereabouts in Maryland are you. My parents, brothers, and a sister are in Montgomery County, one sister in Anne Arundel, and I am in Howard.


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## jeffesonm (Dec 3, 2014)

Cornflakes said:


> Thanks to all for the dialog to read.
> I'm going to play it safe from now on and ask prior to removal. The wood I took wasn't near the home of the land owner, as it was all farm land and back a country road. The wood was literally right next to the road so it seemed like fair game.
> 
> I did go back to see if the big stuff was still there but it was gone... So someone scarfed it up.


It's always good to ask if for no other reason than to meet new folks.  You never know who might have forest full of standing dead 15% black locust just waiting for someone to take it away


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## Valhalla (Dec 4, 2014)

When in my truck, I will never pass up a wood fuel opportunity. Always ask, if there is an owner or resident near. 
As it may not be there on your next trip by the same spot.


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## Gareth96 (Dec 4, 2014)

Power company just did some tree trimming on my road, lots of piles on the side.. planning my snatch-n-grab..


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## F4jock (Dec 4, 2014)

Here in NEPA a tree barely hits the ground by the roadside before someone is there with a chainsaw. Asking is a good idea and a courtesy.


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## Bret Chase (Dec 4, 2014)

Gareth96 said:


> Power company just did some tree trimming on my road, lots of piles on the side.. planning my snatch-n-grab..



My power co did that about a year ago.... I followed behind them and ended up with over a half a cord... from just my road frontage.  I posted a thread about it.. lol.


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## smokedragon (Dec 8, 2014)

Whitepine2 said:


> Yes it's always nice to ask,most folks don't want the wood and are glad for someone to take it but those that use the wood want it.


Wish that were always true.

One guy about 5 miles from my house has a bunch of trees cut from the powerline easement running through his property (summer 2013).  I stopped and asked, he said no.  I asked if he was going to burn them and offered to help him in exchange for splitting the haul (it was probably 5 cord of large branches and medium trees).  He said "I don't want anyone on my land, and those trees will fertilize that easement."  

I respect his decision, and here we are 18 months later and they still sit where the company cut them........oh well.


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## Stubborn Dutchman (Dec 9, 2014)

An easement or right of way isn't ownership. If I'm the one paying taxes on the land, the trees/logs are mine. I don't see that the utility company has any legal status to dispose of the fallen logs. The same goes for any joker trying to load up his pick up!


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## claydogg84 (Dec 9, 2014)

Stubborn Dutchman said:


> An easement or right of way isn't ownership. If I'm the one paying taxes on the land, the trees/logs are mine. I don't see that the utility company has any legal status to dispose of the fallen logs. The same goes for any joker trying to load up his pick up!



So then a dead deer that lays on the side of the road in front of your house is yours as well?


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## Stubborn Dutchman (Dec 9, 2014)

claydogg84 said:


> So then a dead deer that lays on the side of the road in front of your house is yours as well?



I'm not seeing the connection. The tree grew on MY property. I have no idea where the deer came from and would have no claim to it. ???


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## SXIPro (Dec 9, 2014)

All this wood scrounging reminds me of a story that happened in my neighborhood this summer. A non wood burning homeowner removed a birch tree from his property. He left 4 or 5 logs, no longer than 15" and maybe 6" in diameter at the end of his driveway where it intersects with the main road.Two good old boys in pickup trucks crashed into each other while each were trying to arrive first at this amazing jackpot of fuel. Yep, that was worth it.


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## claydogg84 (Dec 9, 2014)

Stubborn Dutchman said:


> I'm not seeing the connection. The tree grew on MY property. I have no idea where the deer came from and would have no claim to it. ???



But you would want it removed? The information I gave is factual. Not an opinion on what is or isn't yours. ROW land is not considered yours, at least not here. I suspect the same for most states/counties/towns. Feel free to call and ask you local engineering department.


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## Bret Chase (Dec 9, 2014)

claydogg84 said:


> But you would want it removed? The information I gave is factual. Not an opinion on what is or isn't yours. ROW land is not considered yours, at least not here. I suspect the same for most states/counties/towns. Feel free to call and ask you local engineering department.



Thats NOT how it works in most states. a right of way is exactly that.... the right to cross another's property without stopping.  A right of way is just one type of easement.


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## claydogg84 (Dec 9, 2014)

Bret Chase said:


> Thats NOT how it works in most states. a right of way is exactly that.... the right to cross another's property without stopping.  A right of way is just one type of easement.



Is this your opinion, or fact? I'm presenting facts. Unless you also called and talked to someone about your situation, I'll disagree. Feel free to prove me wrong. Also, how do you KNOW that that isn't how it works in most states? The answer is you don't. I understand how some of you feel - "It's my land, so it's my tree!!". I get it, I really do. But in this case that sense of ownership is wrong, in my case at least.


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## claydogg84 (Dec 9, 2014)

Bret Chase said:


> Thats NOT how it works in most states. a right of way is exactly that.... the right to cross another's property without stopping.  A right of way is just one type of easement.



You've also stated you have no "County" roads which is vastly different than what we have. We have state, county, and town roads - all with different ROW policies, I'm sure. Our county government is large, and a pretty strong entity.


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## Bret Chase (Dec 9, 2014)

claydogg84 said:


> You've also stated you have no "County" roads which is vastly different than what we have. We have state, county, and town roads - all with different ROW policies, I'm sure. Our county government is large, and a pretty strong entity.



It's a New England thing... Rhode Island and Connecticut have no county governments.. at all.. Massachusetts abolished county gov'ts everywhere except the 6 counties of the Cape...  NH and VT are similar to Maine... with most "county" functions being handled by the cities and towns.  

If you're in Maine... and say you're "out in the county"  It means you're in Aroostook county.... an area larger than 2 different states, with literally just about nothing there for the most part. Literally the middle of f'n nowhere.


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## Stubborn Dutchman (Dec 9, 2014)

claydogg84 said:


> But you would want it removed? The information I gave is factual. Not an opinion on what is or isn't yours. ROW land is not considered yours, at least not here. I suspect the same for most states/counties/towns. Feel free to call and ask you local engineering department.



I guess they screwed up on my deed then. It clearly shows my property line and it encompass the right of way. I'll bring it to the county authorities attention right away and get that corrected! I'll tell them you said so.


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## claydogg84 (Dec 9, 2014)

Stubborn Dutchman said:


> I guess they screwed up on my deed then. It clearly shows my property line and it encompass the right of way. I'll bring it to the county authorities attention right away and get that corrected! I'll tell them you said so.



Your sarcasm doesn't make you right


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## firefighterjake (Dec 9, 2014)

Bret Chase said:


> It's a New England thing... Rhode Island and Connecticut have no county governments.. at all.. Massachusetts abolished county gov'ts everywhere except the 6 counties of the Cape...  NH and VT are similar to Maine... with most "county" functions being handled by the cities and towns.
> 
> If you're in Maine... and say you're "out in the county"  It means you're in Aroostook county.... an area larger than 2 different states, with literally just about nothing there for the most part. Literally the middle of f'n nowhere.



Couple of corrections Bret.

Aroostook County is known as The County . . . capital C. 

Not sure I would say there is nothing there . . . best snowmobile trails in the State, great state park, fantastic ATV trails, lots of potato and broccoli farms, great ski trails (downhill is fair, but cross country and biathalon trails are superb), some great restaurants (Lakeside and Grannys come to mind), nice place to get a ploye or poutine . . . but best of all . . . some of the nicest, friendliest folks you will ever meet in the entire State of Maine.


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## Rock Crusher (Dec 9, 2014)

I can vouch for the above descriptions of The County  Will hopefully be there in 5 weeks!


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## Bret Chase (Dec 9, 2014)

firefighterjake said:


> Couple of corrections Bret.
> 
> Aroostook County is known as The County . . . capital C.
> 
> Not sure I would say there is nothing there . . . best snowmobile trails in the State, great state park, fantastic ATV trails, lots of potato and broccoli farms, great ski trails (downhill is fair, but cross country and biathalon trails are superb), some great restaurants (Lakeside and Grannys come to mind), nice place to get a ploye or poutine . . . but best of all . . . some of the nicest, friendliest folks you will ever meet in the entire State of Maine.



I was more referring to the fact that 70,000 people like in Aroostook... in an area of almost 7,000 square miles.. and half of that 70k people live in 3 towns/cities.


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## firefighterjake (Dec 10, 2014)

Bret Chase said:


> I was more referring to the fact that 70,000 people like in Aroostook... in an area of almost 7,000 square miles.. and half of that 70k people live in 3 towns/cities.



Kinda figured you were referencing the population density.

Oh yeah ... I forgot something else that The County has ... Flying Cow.


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## firefighterjake (Dec 10, 2014)

Rock Crusher said:


> I can vouch for the above descriptions of The County  Will hopefully be there in 5 weeks!



I've been told they're already sledding up north.


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## Chimney Smoke (Dec 10, 2014)

claydogg84 said:


> Is this your opinion, or fact? I'm presenting facts. Unless you also called and talked to someone about your situation, I'll disagree. Feel free to prove me wrong. Also, how do you KNOW that that isn't how it works in most states? The answer is you don't. I understand how some of you feel - "It's my land, so it's my tree!!". I get it, I really do. But in this case that sense of ownership is wrong, in my case at least.



Do some google searches for ROW and easement information.  Your facts are apparently the vast minority of all the others.  The holder of the ROW or easement has no right to do anything on the property the ROW or easement is on unless it's in the document or they have permission from the landowner.  I have a 500 yard ROW through my property and have done lots of research into what the folks can do on it.  Basically they can maintain the road so it's drivable and they can drive on it.  Anything else is my decision.


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## claydogg84 (Dec 10, 2014)

Chimney Smoke said:


> Do some google searches for ROW and easement information.  Your facts are apparently the vast minority of all the others.  The holder of the ROW or easement has no right to do anything on the property the ROW or easement is on unless it's in the document or they have permission from the landowner.  I have a 500 yard ROW through my property and have done lots of research into what the folks can do on it.  Basically they can maintain the road so it's drivable and they can drive on it.  Anything else is my decision.



I'm not going to do any Google searches for anything. I went to the correct source, which isn't Google, and gave the OP factual information. Everyone's situation could be different, hence why I suggested he get in touch with the correct governing body with any questions.


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## hoverwheel (Dec 10, 2014)

I invite anyone to stop paying real estate exes on the percentage of your property that is covered by a right of way and see how fast you no longer have to pay taxes on ANY of the property.

If the tree is within the boundaries set forth in your deed, it is yours. If not, it isn't.


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## Cornflakes (Dec 11, 2014)

I was taking my son for a wellness check up and on the way the county was trimming trees up a long stretch of road.  I asked the sign holder guy what they were doing with the wood.  He said "chipping it".  I said, "well what about the bigger pieces?" .... he said "we just let them lay, you'll have to ask the state if you can have them".   On the way back from the doctor they were finishing up and I asked one of the guys driving a truck if I could have some wood.  He said I could take all i wanted and pointed me in the direction of the primo walnut(the rest was junk wood).

It was 15 feet down a bank with a guard rail so it was fun getting the wood up the muddy hill.  There was a bunch left, I'm hoping since its not in eye sight of the road that it will be there when i come back to that area in a few days.

wet walnut splits like butta!  My 2nd scrounge with the Rav.... it is officially a dirty mess... lol .


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## claydogg84 (Dec 11, 2014)

Cornflakes said:


> I was taking my son for a wellness check up and on the way the county was trimming trees up a long stretch of road.  I asked the sign holder guy what they were doing with the wood.  He said "chipping it".  I said, "well what about the bigger pieces?" .... he said "we just let them lay, you'll have to ask the state if you can have them".   On the way back from the doctor they were finishing up and I asked one of the guys driving a truck if I could have some wood.  He said I could take all i wanted and pointed me in the direction of the primo walnut(the rest was junk wood).
> 
> It was 15 feet down a bank with a guard rail so it was fun getting the wood up the muddy hill.  There was a bunch left, I'm hoping since its not in eye sight of the road that it will be there when i come back to that area in a few days.
> 
> ...



Man... You need a truck!


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## Cornflakes (Dec 11, 2014)

claydogg84 said:


> Man... You need a truck!



tell me about it.  My neighbor's mom is selling an nice mid 90's 4x4 F150 for like 5k i think.  Looks like a decent truck....  unfortunately the wood stove isn't paid for, so no extra money to spare for a pick up.


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## Hogwildz (Dec 12, 2014)

Stubborn Dutchman said:


> An easement or right of way isn't ownership. If I'm the one paying taxes on the land, the trees/logs are mine. I don't see that the utility company has any legal status to dispose of the fallen logs. The same goes for any joker trying to load up his pick up!


Same here. We have high voltage lines running through the area here. The power co. has tree companies come through to trim away from the road wires, and they clear cut under the high voltage lines. They sprayed the stuff with some herbicide, and one of my neighbors sued them for spraying the wood they cut on his property, because he could not burn it after being sprayed. Neighbor won & power company had to pay up. That there is fact! A tree growing, dying, falling, whatever on your property, is yours. A dead deer is a lame example, and does not compare. Process that wood & burn away brother!


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## claydogg84 (Dec 12, 2014)

Hogwildz said:


> Same here. We have high voltage lines running through the area here. The power co. has tree companies come through to trim away from the road wires, and they clear cut under the high voltage lines. They sprayed the stuff with some herbicide, and one of my neighbors sued them for spraying the wood they cut on his property, because he could not burn it after being sprayed. Neighbor won & power company had to pay up. That there is fact! A tree growing, dying, falling, whatever on your property, is yours. A dead deer is a lame example, and does not compare. Process that wood & burn away brother!



I wasn't talking about a power line company, as their claim to the ROW is completely different than a county, town, state. The dead deer doesn't compare because it doesn't benefit the landowner? Got ya. It's been made very clear that rules regarding this vary state to state. In the mean time, I'll continue to scrounge wood alongside the road.


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## Hogwildz (Dec 12, 2014)

claydogg84 said:


> I wasn't talking about a power line company, as their claim to the ROW is completely different than a county, town, state. The dead deer doesn't compare because it doesn't benefit the landowner? Got ya. It's been made very clear that rules regarding this vary state to state. In the mean time, I'll continue to scrounge wood alongside the road.


A dead deer does not compare to a tree any way you try to stretch it. The deer is mobile, and not fixed on the land, and not part of the land. A dead deer on the road, is going to be left laying, drug off to the side, or in some municipalities, will be picked up & disposed of by township workers or the local ranger. There are a few landowners around here though, that would harvest that deer depending on how long it has been down.
Yes I am sure ordinances and laws vary from town to town, county to county, state to state.
I seriously doubt anyone is going to be going to court for cutting up and processing a tree that fell on their property, or boundary. Hell, no one even uses ROW around here.


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## Kenster (Dec 12, 2014)

In Texas, the utilities, for the most part, do not own the rightaway.  It is merely an easement and technically belongs to the property owner.   I would be ticked if the electric company trimmed trees on my easement and someone else took the wood.   Others, however, wouldn't give a hoot.


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## claydogg84 (Dec 12, 2014)

Hogwildz said:


> A dead deer does not compare to a tree any way you try to stretch it. The deer is mobile, and not fixed on the land, and not part of the land. A dead deer on the road, is going to be left laying, drug off to the side, or in some municipalities, will be picked up & disposed of by township workers or the local ranger. There are a few landowners around here though, that would harvest that deer depending on how long it has been down.
> Yes I am sure ordinances and laws vary from town to town, county to county, state to state.
> I seriously doubt anyone is going to be going to court for cutting up and processing a tree that fell on their property, or boundary. Hell, no one even uses ROW around here.



Here, the deer is taken by the county if it is in fact, on the ROW. The same goes for a dead tree that falls in, or alongside the road. Having the luxury of the municipality taking care of such things also takes away their claim to that stretch of land alongside the road. Sounds like you live in the middle of nowhere, much different here. The deer was simply my way of saying the landowner doesn't get to pick and choose - luxury comes at a price, and in this case that price is me taking any wood within 25 ft from the center line, legally.


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## Hogwildz (Dec 12, 2014)

Me thinks you just like to debate. Have at it.


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## claydogg84 (Dec 12, 2014)

Hogwildz said:


> Me thinks you just like to debate. Have at it.



You challenged my post, I challenged yours. So really, you initiated the debate, I just followed up.


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## FishKiller (Dec 12, 2014)

This is my experience with "free roadside wood"...  regardless of the 25 foot ROW in my state, if the wood ends up in front of private property or especially a residence. i simply knock on the door and ask if i can take it.  this is easy to determine in wooded areas because of posted signs (most have a name and number). if the wood is laying on the side of the road in front of county or state property, I take it. i have personally stopped asked county/state and utility workers if i can have the wood. their answer has always been "well that's why we leave the burnable stuff by the road". next time you see them out there cutting, just stop and ask.


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## BrotherBart (Dec 12, 2014)

Think this one has about wound down.


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