protect any trees
that you have growing upon that land by what we term a covenant running
with the land, and that means if a deed is made it will provide that
certain trees shall not be cut within a certain period of time. In one
case where I am forced to sell some land I am protecting the trees for
10 years.
Each of these situations requires research under your own state laws. I
had hoped to be able to tell you something definite and precise as to
each situation, but when I considered the membership in the Northern Nut
Growers, the many states it covers and the great difference in the state
laws, it's just impossible to lay your hand upon one set of facts that
governs. You should consult your attorney who is dealing with your
transactions and tell him specifically what you have in mind and what
you want to protect. He will know whether your state recognizes
covenants running with your land and what provision can be made to
protect trees that you want to save or secure damages.
Remember, in any transaction, if it is not in the written instrument
that you sign, it's just an oral agreement that you make on the side,
and it doesn't mean a thing. It has to be in the paper that you sign.
As I mentioned briefly, in what they call "eminent domain", the state
has a right to take property for public use. The only thing you can do
there is just get your head square and fight, and if you are stubborn
enough, you may find someone in the organization that you are dealing
with who has some interest in trees. They may not be members of the
Northern Nut Growers Association or any tree association, but there are
some people who appreciate trees and who do realize how long it takes to
have a nice pecan tree or nice hickory nut tree growing.
If they call you contrary, that you won't give in to anything, let them
call you contrary, let them call you nuts, but you can protect your
trees and make sure that their future is secure.
What will happen to your trees after you are dead? Each individual's
situation has to be considered separately. In many states you can
provide by will to whom you want your nut planting to go, or you can, by
making a trust, give the trees to trustees with certain powers and
duties to care for and manage them for a period of time or perpetually,
depending on the laws of your state. Usually it is limited to the life
of some person or 21 years. In that length of time if your heirs or the
person you desire the
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