Update To Clear Cutting Of Ancient Cypress Trees On Little Maumelle River By Attorney
:mad::mad:WELL, THE STATE OF ARKANSAS HAS FINALLY TAKEN ACTION. THE ATTORNEY GENERAL'S OFFICE HAS FILED A LAWSUIT AGAINST ATTORNEY GENE LUDLOW OVER THE CLEAR CUTTING OF ANCIENT CYPRESS TREES TO BUILD A JET LANDING STRIP LAST JULY! READ THE FEB 13, 2008 ARTICLE IN THE ARK DEMOCRAT GAZETTE! I WILL TRY TO ATTACH IT AND SEE TH POSTS OVER THIS ISSUE LAST JULY AND AUG 207.:mad::mad:
The text file from scanning is too large to upload so I will type in the newspaper article from the Wed Feb 13, 2008 Arkansas Democrat Gazette titled
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Quote:
State Sues over felled trees
LR man cleared area he doesn't own, suit contends
Arkansas officials filed a lawsuit against a Little Rock man Monday, asking Pulaski County Circuit Court judge to order him to stop cutting down trees along the Little Maumelle River.
Last summer, Little Rock Attorney Gene Ludwig cut down "several" Cypress (try 40) trees--some extimated to be more than 100 years old-- in the Little Maumelle River to make way for an airstrip he as building on his property near Pinnacle Valley and Beck roads according to the lawsuit.Ludwig did so, claiming ownership of the section of the river bed that adjoins his property. But in the lawsuit, the state argues it owns the area below the high water mark of any navigable river, and therefore the trees belonged to the state.
The lawsuit is intended to "make it very clear that the state takes these issues very seriously, and if anyone is claiming they have ownership of any waterways....we have to address that," said Justin Allen, Chief Deputy Attorney General.
Ludwig said Tuesday that the property and the trees belong to him, and that he was free to do with them as he wished.
"It is my property and my trees," he said. "If it's the state's property, then they need to start paying the property taxes on it."
The state is not asking for any monetary damages, but is asking a judge to declare:
**That the Little Maumelle River is navigable and therefore belongs to the state.
** An injunction prohibiting Ludwig from removing any more trees below the high water mark of the river.
**An injunction requiring Ludwig to repair and stabilize the bank of the river where the trees were removed.
Allen said the lawsuit would have a "ripple effect" in other similar cases and should make property owners aware that the state will assert its ownership of navigable waterways.
A waterway is navigable if it is used for commercial or recreational purposes, such as canoeing, floating, or fishing the lawsuit states.
The state began an investigation into the felled trees July 24, after neighbors and others who use the river began to complain, according to the lawsuit.
During a visit to the site, representatives from the Arkansas Forestry Commission, the Arkansas Game and Fish Commission, and the Attorney General's Office found that "several" (try 40) Cyrpess trees--a total of 2,051 broad feet---ranging from 2 inches to 24 inches in diameter had been cut form below the high water mark. One of the trees was estimated to be 108 years old, and another was 105 years old, the lawsuit states."
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