N.Y. Indian Law Section 105
Illegal sales of timber, trees and stone

Every sale or disposition without the consent of such chiefs, by any individual Indian or Indians, of any tree, timber or stone on any of the tribal lands, or of any manufacture therefrom, shall be void. The chiefs may sell for the benefit of the tribe any timber, trees or stone on the wild lands of such tribe, the proceeds of such sale to be paid to the clerk. Such chiefs may bring an action in the name of the tribe against the person to whom such trees, timber or stone are sold to recover the value thereof, or against any person who shall have received any tree, timber or stone or the manufacture therefrom unlawfully sold, to recover the value thereof for the benefit of the tribe. Any person who shall sell, take or carry from the lands of such tribe, any trees, lumber, stone or article of manufacture therefrom, without the consent of such chiefs, in any other case than is provided for in this section, shall be liable to a penalty of twice the value of such trees, timber, stone or manufactured articles, recoverable by such chiefs in the name of the tribe. The chiefs of such tribe, upon giving satisfactory security for costs, may sue in the name of the tribe for the amount of any recovery permitted under this section, and after paying the legal charges of such suit, shall pay over any remaining proceeds of such recovery to the clerk of the tribe.

Source: Section 105 — Illegal sales of timber, trees and stone, https://www.­nysenate.­gov/legislation/laws/IND/105 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

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Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 105’s source at nysenate​.gov

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