Big Orange screws up!

[Rickytree]

The 200k comes from the cost to replace,not the value of the tree. To actually replace a tree of substantial size, many things need to happen, all costing money, droppin lines, traffic control, etc. Valley Crest and Davey do it. How often, not sure, but it is done. The cost for a project like that is huge. Just to "box" the tree can take a week, usually done by hand, one board at a time. Now lets talk transport! Big dollars, so 200k? Easy!

Let's not forget purchasing the tree. I've been on properties where the HO states that "we just love that tree, we bought this house because of it" . Now do I think that they are being alittle over the top, Yes but they are entitled to their opinion. Things happen, and sometimes they cost lots of money! But it's still not right that they had they property damaged and deserve to be compensated. That's what insurance is for

 

[Bigus Termitius]

Personally, I think there ought to be expert opinions heard from both sides. Chances are pretty good that the truth will be found somewhere towards the middle and it was a rundown neglected maple with hazardous characteristics. Maybe not, but 200K if it was a piece of junk doesn't do the situation justice.

There is no question it's a screw up and the HO should be satisfied within reason. My thinking takes me to a nice sized planting, or plantings, of a reasonable replacement with a right tree, right place clause and a reasonable monetary settlement to cover the potential difference. Money talks, most people scream bloody murder about their trees, but really could care less about them, and in fact do.

 

[Grouchy old man]

I agree that there are questions to be answered. Around here the property owners do not own to the edge of the road. There is at least a 15' right of way so there may be a question as to whether the HO even owns the tree. Asplundh or the utility they are working for notify the propety owners when they will be trimming or taking down a tree along their property but that is just a formality. So asking the homeowner for permission may not really be accurate. The trees will be trimmed away from the power lines whether they like it or not and in some cases you will wish they did take the tree down rather than butcher it. Also, the law does not recognize emotional attachment to a posession. At most all an owner could get is the replacement value of the tree (and I seriously doubt any court is going to agree to a replacement of the same size as what was there) unless he has some good lawyer who might be able to argue that his house and property is worth less without the tree.

 

[TreeAce]

I agree that there are questions to be answered. Around here the property owners do not own to the edge of the road. There is at least a 15' right of way so there may be a question as to whether the HO even owns the tree. Asplundh or the utility they are working for notify the propety owners when they will be trimming or taking down a tree along their property but that is just a formality. So asking the homeowner for permission may not really be accurate. The trees will be trimmed away from the power lines whether they like it or not and in some cases you will wish they did take the tree down rather than butcher it. Also, the law does not recognize emotional attachment to a posession. At most all an owner could get is the replacement value of the tree (and I seriously doubt any court is going to agree to a replacement of the same size as what was there) unless he has some good lawyer who might be able to argue that his house and property is worth less without the tree.

Good points. This case could be closed faster than it opened. "Right of way" may end the whole thing.

 

[Natewood]

Lol, i sometimes wonder if you listen to yourself. Your comparison to a sculpture is flawed. First off, the "sculptor" (whether you want to call him God, mother nature, or gaia) is still alive and still producing "sculptures" at a blistering pace. It makes me wonder how many of this tree's offspring did the homeowner mow off. The "sculptor" was still working, but the guy didn't want any more.

Secondly, a maple tree is not a unique work of art. They are more like a McDonald's sign, you can't turn around without bumping into one. I've got a couple of this same tree in my backyard that are coming down this summer.

Thirdly, you do realize that trees are not the biggest producer of oxygen on this planet, and if you throw in the tropical jungles around the world, this specific tree was responsible for a very minuscule amount of the oxygen produced. If you or this guy are so concerned about oxygen, are you riding bikes to work?

Fourthly, on hot days, how many people do you see enjoying the shade? Bet they are all either in front of a fan or ac unit. (I know this one can be argued, but threw it in to be difficult. I'd prefer owning a house that i don't have to ever worry about tree damage than one that's shaded by many trees.) I'm also sure this guy really enjoyed having to rake leaves every fall.

And fifthly, not everyone's taste in "art" is the same. I don't find trees relaxing and don't find them beautiful.

I think 200k would be an outrageous ploy to profit from something that many don't even consider a bad day, much less a tragedy. Honestly, i think some people need to reevaluate what actually constitutes a tragedy.

Wow.
I really hope you are not involved in this industry!
Just because you dont like trees don't make them worthless! truth of the matter is even if the HO didn't care about the tree it was still his and he has every right to want it replace3d.Now considering the size it was he probably wont get a similar replacement so he should be subsidized with a cash reimbursement. That may sound like a lot of money but consider the fact that the replacement tree will never reach that size/age in the HO's lifetime. Believe it or not some people don't like the bare look like their house was planted in the middle of a field!

 

[lxt]

The ROW arguement has been a utility "excuse" to do what they want for years!! the truth is the utility only has an aerial right of way 99% of the time!

Now on transmission lines they lease the property for a specified length of time, on distribution which is what this is......if the home owner pays taxes & their deed shows the tree was on the taxed portion or within the boundary according to the deed....then the utility will be responsible!

I remember the home owner that won the case I mentioned earlier.....her Atty brought this up & the Court ruled in her favor, unlike the twp/borough who can make you replace sidewalks for safety purposes & maintain them..........the Utility has no such right!! it will be interesting!



LXT................

 

[2chops]

lxt,...the company I work for did PPL ROW for 10 years. I was always told that ultimately the HO could refuse to have anything trimmed that was on their turf. The utulity co. would put the squeze on them, but in the end if Harry Homeowner said no way, then we left it be. Of course we often came back on storm work to clear it out after it fell on the lines after a good ice storm. And this was a real treat because with storm work there's no clean up. Just get it the rest of the way on the ground and leave a nice mess for them to deal with. And boy oh boy could we make a mess.

Where abouts in PA are you at? If you don't mind my asking.

 

[Rickytree]

Personally, I think there ought to be expert opinions heard from both sides. Chances are pretty good that the truth will be found somewhere towards the middle and it was a rundown neglected maple with hazardous characteristics. Maybe not, but 200K if it was a piece of junk doesn't due the situation justice.

There is no question it's a screw up and the HO should be satisfied within reason. My thinking takes me to a nice sized planting, or plantings, of a reasonable replacement with a right tree, right place clause and a reasonable monetary settlement to cover the potential difference. Money talks, most people scream bloody murder about their trees, but really could care less about them, and in fact do.

I completely agree with you. When I said the 200k the tree I had in mind was a beautiful specimen. Lots of factors would definately change the amount awarded.

 

[jefflovstrom]

Wow.
I really hope you are not involved in this industry!
Just because you dont like trees don't make them worthless!

He never said he don't like tree's so quit being a know-it-all jerk!
Jeff :msp_angry:

 

[squad143]

Is this the newspaper article?:

Resident: Old tree mistakenly felled in Darlington Township - Timesonline.com: News: asplundh tree expert company, john michael gishbaugher, asplundh tree expert co., darlington township, pennpower

If it is, then it looks like the tree was inline with the front of the homes (most likely on the homeowner's property).

Go onto Google-Earth and check out: 3544 Darlington Road, Beaver PA.
You can even check out a steet eye view.

I sometimes use this tool before I go to quote a "City" job.

From the pic. in the newspaper, the tree does not look 100 yrs. old.

The article states that Asplundh admits partial blame.

According to the HO, the Asplundh crew was sent to take down two trees, a poplar and a pine, in the area.


opcorn:opcorn:opcorn:opcorn:

 

[lxt]

lxt,...the company I work for did PPL ROW for 10 years. I was always told that ultimately the HO could refuse to have anything trimmed that was on their turf. The utulity co. would put the squeze on them, but in the end if Harry Homeowner said no way, then we left it be. Of course we often came back on storm work to clear it out after it fell on the lines after a good ice storm. And this was a real treat because with storm work there's no clean up. Just get it the rest of the way on the ground and leave a nice mess for them to deal with. And boy oh boy could we make a mess.

Where abouts in PA are you at? If you don't mind my asking.

PPL, just read an article on them pertaining to software being used in vegetation management. you scenario & how customers are treated is similar as here...which is the Pittsburgh area!



LXT...................

 

[JJackson]

A little dot of red paint when you're standing next to the tree talking about removing it goes a long way, and likely to save a lot of money. Mark the removals it they're not obvious, hell we even mark most of the tree to be pruned with a white dot (not highly visible and fades quickly enough).

 

[ropensaddle]

I cut a big dogwood at the big o but my gf told me to cut it as he was a distance away and thought it was a fast grower lol. I cut it the ho came out gripping and I pointed and said he's yo man lol.

 

[treeclimber101]

It happens all the time , Nelson just got the boot out of south jersey for mowing all the green headed tree frogs in a protected area last summer , and who wins a prize for a cherry tree anyway ... I just laughed and laughed about the frogs ...Asplunger I am sure will do the right thing and give them some gift cards to CRACKER BARREL for there inconvience ....

 

[treeclimber101]

Lol, i sometimes wonder if you listen to yourself. Your comparison to a sculpture is flawed. First off, the "sculptor" (whether you want to call him God, mother nature, or gaia) is still alive and still producing "sculptures" at a blistering pace. It makes me wonder how many of this tree's offspring did the homeowner mow off. The "sculptor" was still working, but the guy didn't want any more.

Secondly, a maple tree is not a unique work of art. They are more like a McDonald's sign, you can't turn around without bumping into one. I've got a couple of this same tree in my backyard that are coming down this summer.

Thirdly, you do realize that trees are not the biggest producer of oxygen on this planet, and if you throw in the tropical jungles around the world, this specific tree was responsible for a very minuscule amount of the oxygen produced. If you or this guy are so concerned about oxygen, are you riding bikes to work?

Fourthly, on hot days, how many people do you see enjoying the shade? Bet they are all either in front of a fan or ac unit. (I know this one can be argued, but threw it in to be difficult. I'd prefer owning a house that i don't have to ever worry about tree damage than one that's shaded by many trees.) I'm also sure this guy really enjoyed having to rake leaves every fall.

And fifthly, not everyone's taste in "art" is the same. I don't find trees relaxing and don't find them beautiful.

I think 200k would be an outrageous ploy to profit from something that many don't even consider a bad day, much less a tragedy. Honestly, i think some people need to reevaluate what actually constitutes a tragedy.

Exactly ....Good post , I doubt that tree meant anything until he saw it in pieces and see's a opportunity to profit from it somehow...

 

[lxt]

Is this the newspaper article?:

Resident: Old tree mistakenly felled in Darlington Township - Timesonline.com: News: asplundh tree expert company, john michael gishbaugher, asplundh tree expert co., darlington township, pennpower

If it is, then it looks like the tree was inline with the front of the homes (most likely on the homeowner's property).

Go onto Google-Earth and check out: 3544 Darlington Road, Beaver PA.
You can even check out a steet eye view.

I sometimes use this tool before I go to quote a "City" job.

From the pic. in the newspaper, the tree does not look 100 yrs. old.

The article states that Asplundh admits partial blame.

According to the HO, the Asplundh crew was sent to take down two trees, a poplar and a pine, in the area.


opcorn:opcorn:opcorn:opcorn:

Squad....that be the one!!

gift cards to cracker barrel.............LMFAO



LXT................

 

[treeclimber101]

How do you put a price on something that is Irreplaceable? Happened down here when there was a big cut to contain the EAB up in Windsor. One of the guys that went down with the logging truck told me a story of how the ground guy he had working with him( hired by the people running the work) put the chain on the saw and the thing wouldn't cut and he couldn't figure it out. Guy comes down from the perch and tells him "the got the chain on backwards!!" You get what you pay for. And they should pay dearly for their mistake. If I was called out to give a price I would say an easy $200K.

For a mistake ... And from what the article said they were notified , 200k for a single tree ... Please let me know where you buy the #### your smoking I have to get a hit of it ...

 

[treeclimber101]

Just wondering beowulf what credentials do you have? and if you have any idea of the cost of moving a very large tree?

Hey by the way I may sound like your girlfriend, but you sound like my EX, talking about something that she knows nothing about..

I can promise you that you can spade a tree of that size for about 20 grand all day around here , and I think they are measuring that tree in dog years ...

 

[lxt]

Darlington road is a secondary road that is well traveled, I am familiar with the area & if the tree is worth anything or not?, is not the issue, It was a front yard tree not permitted to be cut down & the wood chucked into their yard!!

Im not a tree hugger......but if someone cut down my front yard tree un-invited & without permission I would want compensated, truth is he prolly didnt give the tree much thought until he saw it in chunks.......however he gave it enough thought to tell them which trees too cut down!!!

I dont know............Ive heard the term mal-practice on here & you gotta wonder............did these idiots not know their tree ID? how professional could this group of been to make such a mistake? we`ll see how this one plays out??????




LXT............

 

[treeclimber101]

I have heard of a MAPLEPOPLAR they are native to Japan and after to day they might be extinct