Louisiana Revised Statutes & Codes
La. Rev. Stat. § 3:4278.2 (2026)
✓ current as of May 2026
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§4278.2. Sale of undivided timber interest; consent of co-owners; theft
Notes of Decisions
Cited in 15
cases, 1999–2013 · leading case: Allain v. Martco P'ship, 851 So. 2d 974 (La. 2003).
Hooper v. Wisteria Lakes Subdivision, 135 So. 3d 9 (La. Ct. App. 2013). “The provisions of this Paragraph shall not apply to the sale of an undivided timber interest pursuant to R.S, 3:4278.2. B. Whoever willfully and intentionally violates the provisions of Subsection A of this Section shall be liable to the owner, co-owner, co-heir, or legal…”
Robinson v. Nunly, 69 So. 3d 631 (2011). “R.S. 3:4278.2 provides that a co-owner of land may sell his or her undivided interest in the timber; however, the buyer cannot remove the timber without the consent of at least 80% of the ownership interest in the land.”
Sullivan v. Wallace, 51 So. 3d 702 (La. 2010). “R.S. 3:4278.2 which describes [the] failure to identify and consult all co-owners as presumptive timber theft.”
Sullivan v. Wallace, 27 So. 3d 1120 (La. Ct. App. 2010). “R.S. 3:4278.2. In McConnico v. Red Oak, 36,985 (La.”
Alexander v. Dunn, 15 So. 3d 302 (La. Ct. App. 2009). “A co-owner or co-heir of land may execute an act of timber sale whereby he sells his undivided interest in the timber, and any condition imposing a time period within which to remove the timber shall commence from the date of its execution.”
Willis v. Cenla Timber, Inc., 3 So. 3d 624 (La. Ct. App. 2009). “R.S. 3:4278.2 states, in pertinent part, as follows: *627 B.”
Carter Logging, L.L.C. v. Flynn, 7 So. 3d 195 (La. Ct. App. 2009). “R.S. 3:4278.2, which requires the consent of at least eighty percent of the ownership interest in the land before a buyer who purchases the timber can remove it.”
Prewitt v. Rodrigues, 893 So. 2d 927 (La. Ct. App. 2005). “R.S. 3:4278.2 applies to co-owners. As a result, he argues that treble damages should not have been awarded against him.”
Allain v. Martco P'ship, 851 So. 2d 974 (La. 2003). “The court of appeal reversed *977 the trial court's ruling and found that LSA-R.S. 3:4278.2 was unconstitutional. This Court docketed the case as an appeal to determine whether the statute is unconstitutional.”
McConnico v. Red Oak Timber Co., 847 So. 2d 191 (La. Ct. App. 2003). “R.S. 3:4278.2. R.S. 3:4278.2 provides that a co-owner of land may sell his or her undivided interest in the timber; however, the buyer cannot remove the timber without the consent of at least 80% of the ownership interest in the land.”
Cole-Gill v. Moore, 862 So. 2d 1197 (La. Ct. App. 2003). “Further, Louisiana R.S. 3:4278.2 (colloquially known as the "80% rule") states, in pertinent part, as follows: B.”
Pender v. Elmore, 855 So. 2d 930 (La. Ct. App. 2003). “R.S. 3:4278.2. [2] We have recently held that a violation of La.”
— La. Rev. Stat. § 3:4278.2(0) — 1 case
Brinker v. Junction City Wood Co., 744 So. 2d 657 (La. Ct. App. 1999).
— La. Rev. Stat. § 3:4278.2(A) — 5 cases
McConnico v. Red Oak Timber Co., 847 So. 2d 191 (La. Ct. App. 2003). “R.S. 3:4278.2. R.S. 3:4278.2 provides that a co-owner of land may sell his or her undivided interest in the timber; however, the buyer cannot remove the timber without the consent of at least 80% of the ownership interest in the land.”
Cole-Gill v. Moore, 862 So. 2d 1197 (La. Ct. App. 2003). “Further, Louisiana R.S. 3:4278.2 (colloquially known as the "80% rule") states, in pertinent part, as follows: B.”
Sullivan v. Wallace, 766 So. 2d 654 (La. Ct. App. 2000).
Willis v. Cenla Timber, Inc., 3 So. 3d 624 (La. Ct. App. 2009). “R.S. 3:4278.2 states, in pertinent part, as follows: *627 B.”
Robinson v. Nunly, 69 So. 3d 631 (2011). “R.S. 3:4278.2 provides that a co-owner of land may sell his or her undivided interest in the timber; however, the buyer cannot remove the timber without the consent of at least 80% of the ownership interest in the land.”
— La. Rev. Stat. § 3:4278.2(B) — 4 cases
Pender v. Elmore, 855 So. 2d 930 (La. Ct. App. 2003). “R.S. 3:4278.2. [2] We have recently held that a violation of La.”
Sullivan v. Wallace, 766 So. 2d 654 (La. Ct. App. 2000).
Alexander v. Dunn, 15 So. 3d 302 (La. Ct. App. 2009). “A co-owner or co-heir of land may execute an act of timber sale whereby he sells his undivided interest in the timber, and any condition imposing a time period within which to remove the timber shall commence from the date of its execution.”
Brinker v. Junction City Wood Co., 744 So. 2d 657 (La. Ct. App. 1999).
— La. Rev. Stat. § 3:4278.2(C) — 1 case
Brinker v. Junction City Wood Co., 744 So. 2d 657 (La. Ct. App. 1999).
— La. Rev. Stat. § 3:4278.2(E) — 5 cases
McConnico v. Red Oak Timber Co., 847 So. 2d 191 (La. Ct. App. 2003). “R.S. 3:4278.2. R.S. 3:4278.2 provides that a co-owner of land may sell his or her undivided interest in the timber; however, the buyer cannot remove the timber without the consent of at least 80% of the ownership interest in the land.”
Cole-Gill v. Moore, 862 So. 2d 1197 (La. Ct. App. 2003). “Further, Louisiana R.S. 3:4278.2 (colloquially known as the "80% rule") states, in pertinent part, as follows: B.”
Brinker v. Junction City Wood Co., 744 So. 2d 657 (La. Ct. App. 1999).
Willis v. Cenla Timber, Inc., 3 So. 3d 624 (La. Ct. App. 2009). “R.S. 3:4278.2 states, in pertinent part, as follows: *627 B.”
Robinson v. Nunly, 69 So. 3d 631 (2011). “R.S. 3:4278.2 provides that a co-owner of land may sell his or her undivided interest in the timber; however, the buyer cannot remove the timber without the consent of at least 80% of the ownership interest in the land.”
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