Sec. 2.1. (a) A contract to purchase timber must be in writing pursuant to:

(1) the Uniform Commercial Code (IC 26-1); and

Terms Used In Indiana Code 25-36.5-1-2.1

  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the department of natural resources. See Indiana Code 25-36.5-1-1
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • Person: means an individual, partnership, firm, association, business trust, limited liability company, or corporation. See Indiana Code 25-36.5-1-1
  • Timber: means trees, standing or felled, and logs which can be used for sawing or processing into lumber for building or structural purposes or for the manufacture of any article. See Indiana Code 25-36.5-1-1
  • Timber grower: means the owner, tenant, or operator of land in this state who has an interest in, or is entitled to receive any part of the proceeds from, the sale of timber grown in this state and includes persons exercising lawful authority to sell timber for a timber grower. See Indiana Code 25-36.5-1-1
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
(2) the rules adopted by the department.

     (b) No person shall engage in the purchase of timber with a timber grower without a written contract as described in subsection (a).

     (c) Each timber purchase without a written contract constitutes a separate and distinct violation under this chapter.

     (d) Failure to have a written contract to purchase timber does not limit the remedies available to a timber grower under this chapter.

As added by P.L.141-2022, SEC.49.