The Louisiana 2nd Circuit Court of Appeals based in Shreveport handed down a decision on August 23rd in favor of the plaintiff that sends a long pending Claiborne parish lawsuit concerning an undivided interest in 120 acres of timberland back to District Court for trial.

The lawsuit, originally filed in 1995, brought to focus the rights of absentee landowners who own undivided interests in forestland. Janice Sullivan, the plaintiff, noted that she owned a clear legal 1/2 interest in timberland in Claiborne parish from which the timber was harvested without her knowledge or permission nor was she compensated for her ownership of the harvested timber.

In her lawsuit, Ms. Sullivan asked for both compensation for her legal interest in the harvested timber as well as all damages allowed under current Louisiana statutes including monies for reforestation of the land that was not replanted after harvesting.

The 2nd Circuits decision in siding with the plaintiff indicates the Courts belief that existing Louisiana laws should continue to interpreted in such a way as to insure, where practicable, owners of undivided interest in timberland, receive notice before trees are cut, felled, sold, and removed and place in the stream of commerce.

The failure of timber purchasers to check public records for ownership interest and provide notice to all owners of interest in timberland to be harvested do so at their own peril the 2nd Circuit Court noted.

The 2nd Circuit Court of Appeals, in sending the case back to the 2nd Judicial District Court of Louisiana for trial, pointed out that the case centered around the interpretation of Louisiana Revised Statutes RS 3:4278.1 and 3.4278.2 that address landowner timber rights.

No date for trial of this case back in the 2nd Judicial District Court that covers Claiborne parish has as of yet been set.