cut down wrong tree

[Marky Mark]

Question from an attorney friend of Marky Mark's.....
If you cut down the wrong tree, how do you value the tree? Do you pay for a replacement? Sentimental value? Value of lumber? Punitive damages? Any info would be appreciated...Thanks!

 

[treeman45246]

CTLA's guide to evaluating trees is the best way I know...

http://secure.isa-arbor.com/store/search.aspx

That link doesn't get you all the way there, do a search for "Guide for Plant Appraisal" It should list around $125 for a non-member. You may do better elsewhere.
As far as what method to use in the book, (there are several) it depends on the situation. Most common method is probably trunk formula, at least for me.

 

[treeman45246]

http://www.utextension.utk.edu/publications/spfiles/SP614.pdf

More information than you may need.

 

[John Paul Sanborn]

how do you value the tree? Do you pay for a replacement? Sentimental value? Value of lumber? Punitive damages?

This really depends on the prescidance of the court you are in working in. Some will still use just timber value, or firewood value.

If you can establish its value as real property in the court, then replacement value is the easiest to show resonableness. It is best to use Cost of Cure for this, instead of just the price of replacement trees, because there are othe costs incured with maintainance of a new transplant.

One problem with very old large trees is that valuation can become a large percentage of the total resale value of the property, or even exceed it. These values usually cannot be shown as reaonable beofre the cort, but can be used to show that the tree was irreplacable, invaluable...ect...ect...

Your best bet is to retain a consulting arborist who is experianced in valuations and[\b] as acting as an expert witness.

ASCA is there professional group, and here is their mebership directory. http://www.asca-consultants.org/directory/index.cfm

Scott Cullen ( RCA # 348) in Greenwich, CT operates in your area, and I highly recomend him. Though i have no idea as to his availability.