Forestry Law
The Forestry Law practice at Adams and Reese is an inter-disciplinary team of attorneys experienced with issues concerning forestry in the southern United States. Through offices located in Texas, Louisiana, Mississippi, Alabama, Tennessee and Washington, D.C., Adams and Reese Forestry Law attorneys provide legal services including real estate, environmental, tax, oil and gas, natural resources and water, wildlife, endangered species, labor and employment, governmental relations, litigation and business services.
Areas of Practice
We proactively work with clients to prevent lawsuits, decrease potential liability and minimize tax liabilities. Through a team approach to problem solving and utilizing innovative technology, we seek prompt, efficient and cost-effective solutions to problems.
Attorneys at Adams and Reese have experience in a wide range of legal issues that affect the forestry community, including:
Real Estate
Acquisitions and sales of forest land from small acreage tracts to nearly 3,000,000 acres consisting of property in multiple states
- Contract preparation and transactional assistance in closings involving a small tract or multi-state sales and acquisitions
- Acquisition of mills and production operations
- Title insurance services
Environmental
Phase I, II, and III site assessment consultation
Permitting of air, water, solid waste and hazardous waste facilities
Hearings before state environmental and forestry agencies
Consultations with Regions IV and VI Environmental Protection Agency
Advice concerning federal and state pollution laws, rules and regulations
Coastal zone and wetlands permitting
Private Property Rights
Endangered species advice and planning
Governmental takings of private property
Eminent domain
Wetlands advice and consultation with regulatory agencies
Wild and Scenic Rivers advice
Contracts
Preparation, negotiation and/or litigation concerning the following:
Sale and purchase of real estate
Sale and purchase of timber
Fiber supply agreements
Application of chemicals to forest land
Timber sale prospectus, bid forms and related documents
Aerial burning
Hunting clubs
Surface leases
Rights-of-ways, boundary line agreements and other property interests
Employment of independent contractors
Planting of seedlings and site preparation
Boundary line maintenance, road installation and other improvements
Consultant agreements
Management agreements
Oil and Gas
Review of mineral leases
Drafting of geophysical permits
Monitoring of oil and gas exploration and development for surface owner
Litigation
Advising clients concerning avoidance of litigation, conducting of mediation and arbitration, and litigating issues including the following:
- Obligations under timber deeds
- Wrongful cutting of timber
- Adverse possession
- Title to property
- Best management practices
- Eminent domain
- Environmental degradation (pesticide contamination, trash pits and trash disposal, CERCLA, RCRA, NORM, water and air pollution)
- Nuisance
- Surface damages from oil and gas exploration and development
- Good forestry practices
- Migrant and Seasonal Agricultural Worker Protection Act
- Negligence
- Breach of contract
- Access
- Weights and measures
- Fire loss
- Harvest rights in the national forests under NFMA
Tax
Like-kind exchanges (utilizing escrow agents and qualified intermediaries)
Withholding for sales of property owned by nonresident aliens
Timber depletion
Timber losses
Estate planning
Conservation Easements
Unrelated Business Income
631 (a) and (b) Contract
Financing
- Secured timber transactions
- Secured financing of land and facilities
- Drafting of timber loan policies and procedures for banks
- Letters of credit security timber obligations
- Administrative
- EEOC
- Department of Labor
- State Workers Compensation Commissions
- State Forestry Commissions
- State Environmental Agencies
- State Oil and Gas Boards
- Regions IV and VI Environmental Protection Agency
- Army Corps of Engineers
- Fish and Wildlife Service
- U. S. Forest Service
- State Departments of Agriculture and Commerce
- State Legislatures
- Municipalities and Boards of Supervisors and Police Juries
Arbitration and Mediation
Serving as the arbitrator for timber disputes
Mediating (seeking voluntary resolution) of timber disputes
Arbitrating (seeking compulsory resolution) of timber disputes
Governmental Relations
Drafting of forestry legislation including Mississippi Forestry and Agricultural Protection Act and the Mississippi Timber Weights and Measures Act
Lobbying for forestry and environmental issues with state legislatures
Lobbying for forestry and wetlands issues with U.S. Congress
Industries Served
We understand forestry and the businesses that are dependent upon forestry. The clients served by the forestry law team include landowners, mills, manufacturers, lenders, foresters, forestry consultants, and other individuals and entities involved in the forest products industry. In order to serve the needs of this diverse client base, we call upon lawyers in the forestry law team who are experienced in the particular issues facing the client.
Representative Matters
Accomplishments of the Forestry Law Team for landowners, mills, lenders, foresters and consultants include:
- Providing due diligence services including title review and preparation of closing documents for the sale of approximately 3,000,000 acres in Texas, Arkansas, Louisiana, Mississippi, Alabama and Tennessee as a part of the sale of approximately 6,000,000 acres in 17 states for an industrial forestry company.
- Coordinating the acquisition and financing of 422,000 acres of forestland in Tennessee, Alabama and Mississippi for a private investment group
- Negotiating and preparing contracts and closing documents including title, forestry and environmental review in the acquisition of 145,000 acres in Texas for an institutional investor
- Negotiation and preparation of contracts and closing documents, including title and environmental review in the acquisition of a mill in Alabama
- Coordination of bid process, negotiation and preparation of contracts and closing documents in the sale of approximately 55,000 acres of forestland in Texas
- Coordination of the sale of 55,000 acres of forestland in Florida
- Negotiation and preparation of contracts and closing documents in the purchase of approximately 41,500 acres of forestland in Arkansas and Louisiana
- Negotiation and closing of stock sale of corporation owning 14,000 acres of timberland in Missouri
- Negotiation and closing of stock sale of corporation owning approximately 8,150 acres of timberland in Texas
- Negotiation and preparation of contracts and closing documents in the purchase of approximately 4,782 acres of forestland in Alabama, Mississippi and Tennessee
- Counseling with the Louisiana mills of an industrial forestry company concerning all aspects of federal and state regulatory compliance with environmental laws and regulations including air permitting
- Representing an Alabama wood processor in employment matters including EEOC, workers compensation, and the Migrant and Seasonal Agricultural Workers Protection Act
- Securing financing for a Mississippi mill and closing the transaction
- Coordinating lobbying and governmental relations in Louisiana for an industrial forestry company
- Representing a Florida investment group in the acquisition of 25,000 acres in Mobile and Washington Counties, Alabama and subsequently closing approximately 50 sales to third party purchasers
- Conducting litigation in state and federal courts in Mississippi for private landowners involving wrongful cutting of 1,200 acres of timber in three counties
- Obtaining credit facilities of senior and mezzanine indebtedness of $400,000,000 for properties in four states
- Coordinating the acquisition and financing of 90,000 acres of timberland in four parishes in Louisiana for a private investment group
- Counseling clients and litigating when necessary to resolve encroachment disputes, adverse possession claims, boundary line establishment and tax assessments in Texas, Louisiana, Mississippi and Alabama
- Establishing family limited partnerships in Mississippi and Alabama to assist families owning large timberlands with estate planning
- Providing litigation services for wrongful cutting of timber in four counties in Mississippi secured by a bank s lien
- Resolving encroachment and boundary line disputes through work with surveyors and mediation in Mississippi
- Recovering several hundred acres of property by voiding tax sales of forest property in Mississippi
- Preparing loan policies and procedures for timber transactions for a bank
- Preparing agreements for landowners and consultants including management agreements and contracts for harvesting, planting, boundary line maintenance, application of herbicides, control burning and road construction
About Our Team
Forestry Law Team members are members of organizations involving forestry from the American Forestry and Paper Association (AF&PA) to state forestry associations and local wildlife and forestry groups.
View our brochure
CONTACT ATTORNEYS
Powell G. Ogletree, Jr. (601) 292-0740 gee.ogletree@arlaw.com
Candace D. Johnson (251) 433-3234 candace.johnson@arlaw.com
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