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If a last company action is entered by the division under this subsection versus the hardwood customer, the surety or various other individual in property of the safety and security will supply the quantity of the protection recognized in the order. A case for forfeit of a lumber buyer's bond under IC 4-21. timber harvester auburn al,.5 is the unique remedy under legislation for the forfeiture of the bond.(h) A proprietor of property seeking a preliminary injunction or restraining order versus a person, firm, or various other entity to avoid or stop the wrongful cutting of wood on the proprietor's building is soothed of the requirement to post a bond or other safety with the court as a requirement to the issuance of the preliminary order or restraining order.
Sec - forestry service auburn alabama,. 3.1. The division may under IC 4-21.5 -3 -6 concern a notice of violation against an individual that has actually violated this phase or the policies embraced under this chapter (timber company auburn alabama,). The notice of offense shall be released to the registrant and also the registrant's sureties specifying in general terms:-LRB- 1) the nature of the infraction; and also( 2) that a proceeding looking for forfeiture of the bond might be started twenty (20) days after service of the notice on the registrant if at the end of that period the violation still remains as well as neither the registrant nor the surety has asked for judicial evaluation of the notice.
Sec (timber company auburn alabama,). 3.2. (a) This area describes an adjudicative case against:-LRB- 1) a hardwood customer; or( 2) a person that reduces lumber however is not a timber customer (described as a "lumber cutter" in this section).(b) The division might under IC 4-21.5 -3 -8 commence a case against a timber buyer or a timber cutter if there is reason to believe that:-LRB- 1) the timber customer or hardwood cutter has gotten wood from a timber farmer under a composed agreement for the sale of the wood without repayment having been made to the timber grower as specified in the contract; or( 2) if:(A) there is no composed agreement for the sale of the timber; or(B) there is a created contract for the sale of the hardwood but the agreement does not set forth the purchase cost for the hardwood; the wood customer or wood cutter has actually reduced lumber or gotten lumber from the lumber farmer without repayment having actually been made to the wood cultivator equal to the worth of the lumber as established under IC 26-1-2.(c) A proceeding may be begun under this section at the request of a timber cultivator.(d) The needed parties to a case initiated under this area like it are:-LRB- 1) the wood farmer; and( 2) the lumber customer or lumber cutter.(e) After the start of a case under this area via the solution of a complaint under IC 4-21.5 -3 -8, an event to the proceeding might relocate for the joinder of any of the following individuals having a connection to the site or topic of the grievance:-LRB- 1) The guaranty of the timber buyer.( 2) A timber purchaser.( 3) A hardwood cutter.( 4) A landowner.( 5) An owner of land adjacent to the land where the lumber was cut.( 6) A professional obtaining a fee for solutions connected to the hardwood.( 7) A land surveyor performing a minimal typical information survey in Indiana under the requirements of the Indiana Society of Specialist Land Surveyors and Indiana Land Association.( 8) The department of natural deposits, if the division has a connection to the site or topic of the grievance as a landowner or owner of adjacent land.(f) The grievance served under IC 4-21.5 -3 -8 to begin a case under this area may look for the adhering to:-LRB- 1) Problems in settlement for damage really arising from the wrongful tasks of a hardwood customer or hardwood cutter.( 2) Problems equivalent to three (3) times the stumpage value of any hardwood that is read more wrongfully cut or appropriated without settlement.(g) Regardless of subsection (f), great site the liability on the guaranty bond of a lumber cutter is limited to the worth of any type of wood wrongfully cut or appropriated.(h) A proceeding under this section is controlled by IC 4-21.5.