67-5-2308 - Criminal liability Farm lands exempt. - Tennessee Statutes

67-5-2308. Criminal liability Farm lands exempt.

(a)  It is a Class C misdemeanor for any person, individually or associated with others, or any corporation, or for any agent of a corporation, to knowingly violate the provisions of § 67-5-2301 by cutting, severing, hauling, carrying away or sawing timber on or from any land that is subject to any lien for delinquent taxes.

(b)  Knowledge of the fact that liens for delinquent taxes encumber the timber lands from which timber is being cut, severed, hauled or carried away or sawed, will be presumed, unless the defendant to any such criminal prosecution proves that such person investigated the tax records relating to the land to be timbered prior to the commencement of any timbering operations, and was informed by a county official charged with the collection of delinquent taxes that such tract to be timbered was not subject to any lien for delinquent taxes.

(c)  The provisions of this part do not apply to any farm lands where as much as one-third (1/3) of the tract is in actual cultivation under contract with the owner or by the owner in person.

[Acts 1945, ch. 76, § 8; C. Supp. 1950, § 1593.8 (Williams, § 1789.19); T.C.A. (orig. ed.), § 67-1918; Acts 1989, ch. 591, § 113.]