The Forestry Forum is sponsored in part by:

iDRY Vacuum Kilns


Forestry Forum
Sponsored by:


TimberKing Sawmills



Toll Free 1-800-582-0470

LogRite Tools



Norwood Industries Inc.




Your source for Portable Sawmills, Edgers, Resaws, Sharpeners, Setters, Bandsaw Blades and Sawmill Parts

EZ Boardwalk Sawmills. More Saw For Less Money!

STIHLDealers.com sponsored by Northeast STIHL


Woodland Sawmills

Peterson Swingmills

 KASCO SharpTech WoodMaxx Blades

Turbosawmill

Sawmill Exchange

Michigan Firewood, your BRUTE FORCE Authorized Dealer

Baker Products

ECHO-Bearcat

iDRY Wood Lumber Vacuum Drying for everyon

Nyle Kiln Dry Systems

Chainsawr, The Worlds Largest Inventory of Chainsaw Parts

Smith Sawmill Service



Author Topic: Easement fee?  (Read 1603 times)

0 Members and 1 Guest are viewing this topic.

Offline Wheil17

  • Member*
  • *
  • Posts: 1
  • I'm new!
    • Share Post
Easement fee?
« on: August 24, 2021, 11:53:23 AM »
Hi I am looking for guidance on whether or not I should negotiate an easement fee for the county using my land for access to their timber behind my property. Context: this is a project I would like to happen because it gives me more access to this land behind my property. They have also added culverts for the logging access road in the contract. I would like to add water hole projects x2 in addition to the culverts to make the road usable. The road they will be  using was already accessed 7 years ago on my property so they shouldn’t need a whole lot of work until they get to their timber. The consulting forester is also an employee for me as they will incorporate more timber harvest on my property as they harvest their county timber behind my land. So…. Should I expect payment on top of the projects they will be adding to this temporary easement or not? Thanks 

Offline btulloh

  • Senior Member x2
  • *****
  • Posts: 4125
  • Age: 69
  • Location: Midlothian, VA
  • Gender: Male
  • I never met an air conditioner I didn't like
    • Share Post
Re: Easement fee?
« Reply #1 on: August 24, 2021, 12:23:41 PM »
Sounds like an opportunity for some negotiation and horse trading. Maybe some cash would be possible, maybe a little equipment work for your projects “while they’re at it”, maybe both.  A good place to start is to see what they thought about both possibilities and go from there. Sounds like no matter how that comes out of it you get the benefit of improved access at no cost to you. They probably have a comfort level with the cash or the equipment work so it would be useful to find out what they typically do in these situations and work it out from there. 

Offline Iwawoodwork

  • Senior Member
  • ****
  • Posts: 411
  • Age: 77
  • Location: Cottage Grove, OR.
  • Gender: Male
    • Share Post
Re: Easement fee?
« Reply #2 on: August 24, 2021, 11:35:17 PM »
So you will have loaded log trucks coming across your property. make sure that it is written in the easement document what condition you want the road to be in at the end of use, graveled. graded, ditched, culverts  open and functional, brush piled where you want it, etc. Also some property owners charge a small amount per thousand BDF off the scale tickets for the logs to go across their land.

Offline ljohnsaw

  • Senior Member x2
  • *****
  • Posts: 4918
  • Age: 62
  • Location: Northern California
  • Gender: Male
  • Happily retired... Working harder than ever!
    • Share Post
Re: Easement fee?
« Reply #3 on: August 25, 2021, 12:02:13 AM »
Also some property owners charge a small amount per thousand BDF off the scale tickets for the logs to go across their land.
Ca-ching!????
John Sawicky

Just North-East of Sacramento...

SkyTrak 9038, Davis Little Monster backhoe, Case 16+4 Trencher, Home Built 42" capacity/32" cut Bandmill up to 54' long - using it all to build a timber frame cabin.

Offline Dom

  • Full Member x2
  • ***
  • Posts: 213
  • Location: New Brunswick, Canada
    • Share Post
Re: Easement fee?
« Reply #4 on: August 25, 2021, 11:12:13 AM »
I'd be asking for work to be done, and stating how the final roadwork should be completed at the end of the project. 
I would be more inclined to ask for a tax break if possible.
If you do get a fee for the wood harvested, you would likely need to report it as income. Depending on the value, you may be ahead to ask for work to be done on your property. 
Just my nickel, since we got rid of cents.  :D

Offline dgdrls

  • Senior Member x2
  • *****
  • Posts: 3379
  • Age: 57
  • Location: Central NY
  • Gender: Male
  • Learning the Art of Milling Logs
    • Share Post
Re: Easement fee?
« Reply #5 on: August 25, 2021, 09:23:59 PM »
What has the County requested from you specifically?
Do they want an easement?  Do they already have one?

D




Offline kantuckid

  • Senior Member x2
  • *****
  • Posts: 1423
  • Age: 77
  • Location: Eastern KY
  • Gender: Male
    • Share Post
Re: Easement fee?
« Reply #6 on: August 27, 2021, 02:59:13 PM »
In my area that road would become a county road which means that the public would pay to maintain it buy also be able to use it. Not what I'd want unless to your overall advantage? 
 
Kan=Kansas;tuck=Kentucky;kid=what I'm not

Offline sealark37

  • Senior Member
  • ****
  • Posts: 761
  • Age: 74
  • Location: Davidson, NC
  • Gender: Male
    • Share Post
Re: Easement fee?
« Reply #7 on: August 27, 2021, 05:39:43 PM »
Make sure that the easement is temporary, for removal of logging material.  Without this stated in the contract, you may end up with new neighbors that you don't want.

Offline kantuckid

  • Senior Member x2
  • *****
  • Posts: 1423
  • Age: 77
  • Location: Eastern KY
  • Gender: Male
    • Share Post
Re: Easement fee?
« Reply #8 on: August 28, 2021, 08:58:07 AM »
A few county judge executives ago we had one who we knew and he was on what I'll call a cemetery kick wherein he was doing road improvements to the many of them found in any eastern KY county, including one old one on our land. He asked me if I wanted to gain county road designation and thus their rocks and grader work on my costly to maintain steep private entrance road. I declined as that would have meant too many hunters and root diggers easily entering our land which is otherwise very private-well sort of, if you don't count the 5 deer stands in the woods left by people I don't know.
Our most recent neighbor let that cemetery road degrade to prevent others from using it to enter his small property that fronts ours. Those families buried there are either all dead or choose to ignore the cemetery FWIW. 
  
Kan=Kansas;tuck=Kentucky;kid=what I'm not

Offline John Mc

  • Senior Member x2
  • *****
  • Posts: 5704
  • Age: 59
  • Location: Monkton, Vermont
  • Gender: Male
    • Share Post
Re: Easement fee?
« Reply #9 on: September 01, 2021, 08:07:54 AM »
I would be more inclined to ask for a tax break if possible.


Granting a tax break is often much more difficult for a government entity to do than simply paying you for the right to access. (Doing a little extra work on the side for you is sometimes even easier, as they are already there with the equipment, and don't have to put a hard dollar figure on the work.) There are generally all sorts of rules and restrictions around granting a tax break. If the work they are doing somehow devalues your land, that's a different story - they could reassess your land a the lower value, reducing your taxes - but it does not sound as though that is the case here.
If the only tool you have is a hammer, you tend to see every problem as a nail.   - Abraham Maslow

Offline mike_belben

  • Senior Member x2
  • *****
  • Posts: 10970
  • Location: Middle TN
  • Pulp Friction
    • Share Post
Re: Easement fee?
« Reply #10 on: September 01, 2021, 09:36:19 AM »
whatever you decide to do, be sure to make friends with govt and not enemies.  they have all sorts of ways to play dirty.  let the bigwigs grandson hunt your place or send him home with a pie for the wife, something like that.  those people have a lot of power and ofter a lot of ego to go with it. recruit it to your side.  you may need that fellow later. 
Isaiah 63:10

Offline Southside

  • Administrator
  • *****
  • Posts: 9304
  • Age: 49
  • Location: Wilsons (Dinwiddie County), VA
  • Gender: Male
  • Have a plan to saw every log you meet.
    • Share Post
    • White Oak Meadows
Re: Easement fee?
« Reply #11 on: September 01, 2021, 10:34:19 AM »
Just keep in mind that the fee you receive will be in part paid by yourself via your taxes.  Taking it out of one pocket and putting it into the other does not make you richer. 
Franklin buncher and skidder
JD Processor
Woodmizer LT Super 70 and LT35 sawmill, KD250 kiln, BMS 250 sharpener and setter
Riehl Edger
Woodmaster 725 and 4000 planner and moulder
Enough cows to ensure there is no spare time.
White Oak Meadows

Offline Iwawoodwork

  • Senior Member
  • ****
  • Posts: 411
  • Age: 77
  • Location: Cottage Grove, OR.
  • Gender: Male
    • Share Post
Re: Easement fee?
« Reply #12 on: September 01, 2021, 11:21:31 AM »
Southside, I don't know about not making you richer, I know a few contractors who deal in government jobs and they seem to be doing quite well.

Offline Dom

  • Full Member x2
  • ***
  • Posts: 213
  • Location: New Brunswick, Canada
    • Share Post
Re: Easement fee?
« Reply #13 on: September 01, 2021, 03:25:57 PM »
Iwawoodwork, he's not the contractor in this case.

I agree with Southside. its likely not worth trying to get a cut of the stumpage. Better to get work done.


John Mc, its long shot asking a tax break. If you never ask, you never know.

Offline Iwawoodwork

  • Senior Member
  • ****
  • Posts: 411
  • Age: 77
  • Location: Cottage Grove, OR.
  • Gender: Male
    • Share Post
Re: Easement fee?
« Reply #14 on: September 02, 2021, 12:32:49 AM »
Dom you missed the point, I know he is not a contractor but contractors get government money for work done and they also pay taxes, however if he can barter a better deal thats great.

Offline Dom

  • Full Member x2
  • ***
  • Posts: 213
  • Location: New Brunswick, Canada
    • Share Post
Re: Easement fee?
« Reply #15 on: September 02, 2021, 06:24:01 AM »
Dom you missed the point, I know he is not a contractor but contractors get government money for work done and they also pay taxes, however if he can barter a better deal thats great.
Gotcha.  smiley_thumbsup


Share via delicious Share via digg Share via facebook Share via linkedin Share via pinterest Share via reddit Share via stumble Share via tumblr Share via twitter

xx
easement:got a bad neighbor?

Started by Buzz-sawyer on General Board

61 Replies
9051 Views
Last post November 03, 2004, 06:42:13 AM
by Buzz-sawyer
xx
Temporary Easement?

Started by Goose79 on Forestry and Logging

12 Replies
4183 Views
Last post May 20, 2005, 05:43:34 PM
by Engineer
xx
Another Easement Question...

Started by Marlin on Forestry and Logging

23 Replies
2258 Views
Last post August 15, 2014, 02:07:25 PM
by Marlin
xx
Elderly lady from New Brunswick puts family woodlot in conservation easement

Started by SwampDonkey on Urban and Community Forestry

11 Replies
2719 Views
Last post April 28, 2020, 03:53:59 AM
by SwampDonkey
 


Powered by EzPortal