| | Many woodlot owners and landowners have questions regarding the value of compensation for damages to standing forests from industrial development activities. So that owners can make informed decisions, the Alberta Woodlot Association strives to provide information on many issues, including the matter of compensation for damages to standing forests.
"Most instances of damage to private timber resources occurs during industrial development activities, and are usually related to oil and gas roads, wellsites or pipeline developments," says Ken Glover, chief administrator with the AWA. "Sometimes damage to private forests and timber occurs through accidental circumstances and even trespass. In the instance of a planned disturbance, the matter compensation for private timber resources should be negotiated in advance."
Failing to address timber damage compensation can and usually does result in dispute resolution at the Surface Rights Board. This process can be time consuming, costly and potentially ineffective. If the instance of disturbance occurs through an accident or an act of trespass, it is recommended that the owner notifying the RCMP and registering a complaint, and in the case of trespass, push for charges. Regardless of whether or not the incident goes to trial, the fact that a complaint was registered and documentation was filed will be beneficial should a civil trial or law suit be pursued, which is the owner's prerogative.
"Regardless of the circumstances, in determining compensation for damaged private timber, a recognizable and credible method for calculating the compensation amount is needed," says Glover. "While a negotiated settlement is always possible, should the parties prefer to use an acceptable calculated process, it is recommend that the Timber Damage Assessment Tables (TDAs) be applied."
The Timber Damage Assessment Tables apply a dollar value to a specific ecological forest type on a per hectare basis. The TDAs are updated regularly and take into account commercial timber permit information (prices), deciduous timber permit information (auction sale prices), and private timber purchase prices paid by Forest Management Agreement and quota holders. While the TDAs are commonly used and applied to disturbances on Crown Land, it is not widely known that the tables can be used for private lands.
"Based on my experience, pubic support agencies such as the Farmers Advocate almost never suggest use of the TDAs, yet they have been accepted in court rulings and in Surface Rights Board rulings," says Glover. "Applying the Full Value Table for private land disturbance calculations, which provides a per hectare dollar value for forest vegetation types that include the cost of reforestation, is recommended."
To apply for and calculate compensation for a particular disturbance or damage to forest covered private lands, the following steps must be undertaken:
- Determine the specific forest types damaged - through ocular estimates, timber cruising or assistance of a professional forester, each of the different timber types damaged need to be identified.
- Determine damaged areas - through on the ground measurements, aerial photography measurements or GPS based measurements, the total area damaged for each forest type needs to be determined.
- Determine TDA values - consult the appropriate Timber Damage Assessment Table (Full Value) and apply the respective per hectare dollar value to each the timber type.
- Determine total Compensation for Forest Damages - multiply the TDAs values for each forest type by the respective damaged areas and the combined total will equal the value of the compensation for all timber resources damaged.
It is important to note that while the TDAs provide a fair, acceptable and quantifiable method for determining compensation for private timber resources, one should not ignore nor exclude pursuing compensation for intangible elements such as personal time in determining damages, any consultant fees and personal losses such as aesthetics or property values.
The Timber Damage Assessment Tables can be found on the Alberta Government website at www.srd.gov.ab.ca/land/m_li_timberdamage.html. For more information, call the Woodlot Association (780) 489-9473.
This article, created by the Alberta Woodlot Association, was forwarded to Agri-News by the Farmers' Advocate Office. An additional article covering compensation values for damages to private timber resources incurred through industrial development will be carried in the next issue of Agri-News.
Contact:
Farmers Advocate Office
(780) 427-7950
Alberta Woodlot Association
(780) 489-9473 |
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