The Vermont Statutes Online

Title 25: Navigation and Waters

Chapter 005: Floating Lumber

• Subchapter 001: General Provisions

• § 201. Boom for logs

  When it becomes necessary for a person rightfully engaged in running logs down a river or stream in this State to anchor a boom for such logs on land bounding upon such river or stream, and he or she is unable to agree with the owner or occupant of such land with reference thereto, such person may call upon the selectboard of the town wherein such land lies to act in the premises, by giving at least 48 hours’ notice in writing thereof to such owner or occupant. Thereupon the selectboard shall investigate and decide as to the necessity and location of such boom, the time during which it shall remain, and the amount of damage, if any. The decision of the selectboard shall be in writing and be final. When such person has paid or tendered to the selectboard his or her fees in the matter and to the owner or occupant of such land the damages awarded, the boom may be anchored in accordance with the findings of the selectmen.

• § 202. Retention of lodged lumber for damages

  When lumber, such as spars, masts, square timber, logs, or sawed lumber, put into a stream in or adjoining the State, and lodged upon lands adjoining the same, or dams crossing such streams, in this State, is not taken away by the owner on or before May 1, annually, the owner of the lands or dams may detain in his or her possession such lumber, until the owner thereof pays the damages sustained by reason of its lying upon such lands or dams.

• § 203. Removal of lumber

  When such lumber is not removed by the owner on or before November 1, annually, the owner of the lands or dams may take and convert it to his or her own use. The owner of the lumber, by paying the damages and costs, may remove the same from the lands or dams between November 1 and May 1 following.

• § 204. Advertisement

  The lumber shall not be forfeited unless the owner of lands or dams upon which such lumber is lodged shall advertise the same at a public place in the town where the lumber is lodged, giving in the advertisement a description of the lumber, the owner’s marks, if any, and also cause the advertisement to be recorded in the town clerk’s office, in the month of September, in the same year.

• § 205. Fees

  The person advertising the lumber shall be entitled to receive $0.34 for the copy of the advertisement left with the town clerk, and $0.06 a mile travel to advertise the same. Such fees shall be paid by the owner of the lumber at the time the damage is paid to the owner of the land or dam, when the lumber does not become forfeited. When the lumber is forfeited, the fees shall be paid by the party advertising. (Amended 1971, No. 84, § 13.)

• § 206. Adjustment of damages

  When the owner of such lumber and the owner of the lands or dams do not agree upon the damages, the selectboard of the town where the lands or dams are situated, not being interested therein, shall adjust the same. If such selectboard members are interested, a superior judge not interested, shall adjust the damages. Such adjudication shall be final between the parties. (Amended 1973, No. 249 (Adj. Sess.), § 82, eff. April 9, 1974.)

• § 207. Treble damages for stopping or conversion of floating lumber

  When a person stops masts, spars, square timber, logs, or sawed lumber and confines it in a place in this State, so as to prevent it from floating down a stream in or adjoining this State, such lumber being marked with the owner’s name or mark, or destroys, makes use of, or disposes of the same, except such as becomes forfeit, he or she shall be liable to the owner for three times the value of the lumber, if it is found on trial that the same was done in bad faith, otherwise the judgment shall be for the actual damages.

• Subchapter 002: Assessment of Damages Caused by Floating Lumber

• § 241. Repealed. 2025, No. 168 (Adj. Sess.), § 34, eff. July 1, 2026.

  (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; repealed by 2025, No. 168 (Adj. Sess.), § 34, eff. July 1, 2026.)

• § 242. Repealed. 2025, No. 168 (Adj. Sess.), § 34, eff. July 1, 2026.

  (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; repealed by 2025, No. 168 (Adj. Sess.), § 34, eff. July 1, 2026.)

• § 243. Repealed. 2025, No. 168 (Adj. Sess.), § 34, eff. July 1, 2026.

  (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; repealed by 2025, No. 168 (Adj. Sess.), § 34, eff. July 1, 2026.)

• § 244. Repealed. 2025, No. 168 (Adj. Sess.), § 34, eff. July 1, 2026.

  (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; repealed by 2025, No. 168 (Adj. Sess.), § 34, eff. July 1, 2026.)

• § 245. Repealed. 2025, No. 168 (Adj. Sess.), § 34, eff. July 1, 2026.

  (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; repealed by 2025, No. 168 (Adj. Sess.), § 34, eff. July 1, 2026.)

• § 246. Penalties for noncompliance

  A corporation that neglects or refuses to comply with a provision of section 245 of this title shall be fined not more than $100.00 nor less than $10.00, with costs, for each day’s neglect or refusal.