In recent years, the theft of trees from public and private land in Iowa has become an infrequent but growing occurrence. State conservation officers have reported a range of thefts, varying in scope and sophistication, with some heists proving to be quite lucrative. The crimes can take different forms, from individuals using ramshackle trailers to transport stolen timber to others employing full-on logging rigs.
The thefts themselves can happen in different ways. In some cases, a company contracted to harvest timber from a specific area may overstep its bounds and cut down a valuable-looking tree on an adjacent property. For instance, a prime black walnut trunk can fetch upwards of $10,000, making it an attractive target for thieves.
Other thefts occur under the cover of darkness. In one recent instance, a thief was cutting trees near a highway and would only operate the chainsaw when the sound of passing traffic masked its noise. This level of stealth highlights the lengths to which some criminals will go to avoid detection.
The Iowa Department of Natural Resource's Law Enforcement Bureau has noticed an increase in timber thefts in recent years. Chief Craig Cutts describes the rise in timber theft as a concerning trend, with one particularly egregious offense involving the alleged cutting of over 100 trees from a state wildlife management area in Pocahontas County. Among the trees stolen was a bur oak with a trunk approximately six feet in diameter, which had been standing since Iowa became a state.
While the exact cause of the increase in timber thefts is unclear, Capt. Brian Smith, who oversees the bureau's region of southwest Iowa, speculates that the growing number of absentee landowners provides potential thieves with more opportunities. Additionally, the decreased public surveillance of rural areas may contribute to the rise in thefts.
Thieves are motivated by the potential profits from stealing high-value trees, but they also target low-value softwoods that can be used for pallets. Although these softwoods are less valuable, thieves view them as an opportunity to obtain something for free.
In one notable case, a thief claimed that he planned to build a house out of the stolen logs. This incident highlights the audacity of some criminals and the lengths they will go to profit from their illegal activities.
The Response of Law Enforcement and Challenges in Prosecution
The Iowa Department of Natural Resources (DNR) does not maintain a reliable list of timber theft reports. However, Capt. Brian Smith estimates that the department has investigated approximately a dozen cases in the past two years. The DNR relies on its staff to detect potential timber thefts from public property during routine walkthroughs, while thefts from private property often require the cooperation of landowners and their neighbors.
Investigating timber thefts can be challenging. The DNR faces difficulties in uncovering and investigating these crimes due to the nature of the thefts and the need for specific evidence. Timber buyers who agree to pay individuals to harvest trees are required to set aside funds to cover those sales if they fail to pay. Occasionally, small-time loggers who are not involved in thefts are cited for violating this law.
The DNR maintains a database of bonded timber buyers to prevent improper sales and tree thefts. However, timber thefts can still be difficult to uncover and prosecute. The department relies on its staff's vigilance and the cooperation of the public to report suspicious activities.
Challenges in Prosecution and Recent Legal Developments
Prosecuting timber thefts can be complex, as evidenced by recent legal challenges. In one case, a criminal charge against a Bloomfield man in 2018 was dismissed due to a procedural error in how the charge was filed in court. The charging officer used a citation form typically used for traffic violations, which lacked specific details of the alleged crime. As a result, the judge dismissed the charge.
In another recent case, the prosecution faced setbacks when a district court judge ruled that search warrants related to drug and gun charges were improperly approved. The judge found that the magistrate who signed the warrants had violated the constitutional separation of powers requirement by serving as both a judicial and executive branch representative. Consequently, the drug and gun charges were dismissed, and the evidence obtained from the searches could not be used in the prosecution. However, the charges related to the tree thefts are still set for trial.
Despite these legal challenges, the prosecution of timber thefts continues. Pocahontas County Attorney Dan Feistner confirmed that his office will proceed with the prosecution of the tree thefts, although he declined to comment further on the case.
Conclusion
The theft of trees from public and private land in Iowa has become a growing concern in recent years. These thefts vary in their scope and sophistication, with some criminals resorting to elaborate methods to avoid detection. The rise in timber thefts can be attributed to various factors, including the increasing number of absentee landowners and the decreased public surveillance of rural areas.
Law enforcement agencies, such as the Iowa Department of Natural Resources, are working to combat timber thefts. However, investigating and prosecuting these crimes can be challenging due to the nature of the thefts and the need for specific evidence. Recent legal developments have also posed obstacles to the prosecution of timber theft cases.
Efforts to address timber thefts require the cooperation of landowners, the public, and law enforcement agencies. By raising awareness of this issue and encouraging vigilance, we can work together to protect Iowa's valuable natural resources.
Keywords: timber theft, Iowa, public land, private land, law enforcement, prosecution