PALMER v. LOUISIANA FORESTRY COM'N

No. 96 CA 0008.

683 So.2d 739 (1996)

Raymond PALMER, et al., v. LOUISIANA FORESTRY COMMISSION and Louisiana Tax Commission.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied December 23, 1996.


Attorney(s) appearing for the Case

Toni Higginbotham and William Doran, Jr., Baton Rouge, for Plaintiff-Appellee Police Jury Assoc. of LA.

Marion A. French, Alexandria, for Amicus Curiae/LA Forestry Assoc.

James Ross, Baton Rouge, for Defendant-Appellee Attorney General Office.

David Cassidy and David Kelly, Baton Rouge, for Intervenor-2nd Appellant Boise Cascade, Inc., International Paper Co., Inc., Stone Container Corp., and Georgia Pacific Corp.

C. James Gelpi, New Orleans, for Defendant-1st Appellant LA Forestry Commission.

Vyrona Wiltz, Krtoz Springs, for Defendant-1st Appellant LA Tax Commission.

David Cliburn, Baton Rouge, for Sabine Parish.

Before LOTTINGER, C.J., and FOIL and FOGG, JJ.


FOGG, Judge.

At issue in this severance tax case is whether a timber product known as "chip and saw" should be classified as "trees and timber" or "pulpwood" for purposes of assessing the proper Louisiana severance tax.

LSA-Const. Art. 7, § 4(B) provides that taxes may be levied on natural resources severed from the soil. The power to tax is vested in the Louisiana legislature. LSA-Const. Art. 7, § 1. Pursuant to this authority, the legislature enacted...

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