Code Section Group

Public Resources Code - PRC

DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958]

  ( Division 4 repealed and added by Stats. 1965, Ch. 1144. )

PART 3. LUMBER, LOGS AND TIMBER [4851 - 4879]

  ( Part 3 added by Stats. 1965, Ch. 1144. )

CHAPTER 1. Floating Lumber [4851 - 4855]
  ( Chapter 1 added by Stats. 1965, Ch. 1144. )

4851.
  

As used in this article, “lumber” means all timber, whether in logs, boards, planks, or beams, and whether in rafts or otherwise. It does not include the sort of wood commonly called driftwood.

(Repealed and added by Stats. 1965, Ch. 1144.)

4852.
  

Whenever any lumber drifts upon any island in any of the waters of this state, or upon the bank of any such waters, the owner of the lumber may remove it on payment or tendering to the owner or occupant of the land the amount of the damages which the owner or occupant of the land has sustained by reason of the drifting of the lumber upon such land, and which may accrue in its removal.

(Repealed and added by Stats. 1965, Ch. 1144.)

4853.
  

If the owner of the lumber does not, within three months from the time it was so drifted, take the lumber away, the owner or occupant of the land shall deliver a bill of his charges, together with the lumber, to the sheriff of the county. The sheriff shall dispose of the lumber in the manner required by Articles 1 (commencing with Section 510) and 2 (commencing with Section 530) of Chapter 3, Division 3 of the Harbors and Navigation Code with regard to wrecked perishable property.

(Repealed and added by Stats. 1965, Ch. 1144.)

4854.
  

When sold, the proceeds of the lumber shall be applied first to the payment of the charges of sale and in liquidation of the expenses and damages awarded to the claimant. The residue shall be paid to the county treasurer, to be by the county treasurer paid over to the former owner of the lumber, or the former owner’s representatives, or assigns, on the production of proof of their former ownership satisfactory to the judge of the superior court of the county, and on the judge’s order therefor, made within one year after its receipt.

(Amended by Stats. 2021, Ch. 133, Sec. 95. (SB 272) Effective July 23, 2021.)

4855.
  

The rejection by the judge of any claimant’s right to the proceeds is conclusive, unless within six months thereafter the claimant commences action to obtain the proceeds. If no claim is made or sustained to the proceeds, the county treasurer shall place the proceeds in the county unapportioned elementary school fund.

(Amended by Stats. 2021, Ch. 133, Sec. 96. (SB 272) Effective July 23, 2021.)

PRCPublic Resources Code - PRC