Viewing an earlier, undated versionView current - (A) No person may sell any drifted lumber or timber, not the property of the person, without first advertising the sale of it at public auction at least three times and at least three days before the date of the sale in the newspaper having the greatest circulation in the county in which the drifted lumber or timber is found and taken, giving an accurate description of any and all marks by which the lumber or timber may be identified.
(B) It is unlawful for a person to:
- (1) sell any drifted lumber or timber without having first advertised the sale;
- (2) fail to pay the proceeds of the sale to the owner on application, after deducting the expenses; or
- (3) advertise a sale and then refuse to deliver any drifted lumber or timber claimed by the rightful owner, before the date of the sale after the owner has offered to pay reasonable salvage expenses.
(C) A person who violates the provisions of this section is guilty of a:
- (1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the value of the lumber or timber is five thousand dollars or more.
- (2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the value of the lumber or timber is more than one thousand dollars but less than five thousand dollars.
- (3) misdemeanor triable in magistrate's court if the value of the lumber or timber is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.
- (D) A person who purchases drifted lumber or timber that has not been advertised as provided may be indicted as a receiver of stolen goods and must be fined or imprisoned as provided in Section 16-13-180.