Help Pricing/Determining the Value of Trees
- Thread starter TNTreeHugger
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You are probably 100% correct.
He's not been helpful at all.
But, I will call him right now to find out.
So.
He said to find the value, for board ft, you'd need to look at the Hardwood Market Report.
https://hmr.com/history/
You have to be a registered member and log in to get past the home page..
I told him the calculators I found online, circumference x height x a unique multiplier specific to tree species
He said that sounds right.
I also asked him if he's been involved in the process when this has happened before, if he had any advice for me, (I know of two specific nurserymen who had to file claims on the others insurance) and he said no.
I'm fairly confident the numbers I submitted are accurate.
He said to find the value, for board ft, you'd need to look at the Hardwood Market Report.
https://hmr.com/history/
You have to be a registered member and log in to get past the home page..
I told him the calculators I found online, circumference x height x a unique multiplier specific to tree species
He said that sounds right.
I also asked him if he's been involved in the process when this has happened before, if he had any advice for me, (I know of two specific nurserymen who had to file claims on the others insurance) and he said no.
I'm fairly confident the numbers I submitted are accurate.
Still looking for different calculators.
Found this web site, has a lot of detailed information and various ways to calculate the value of a tree.
https://8billiontrees.com/trees/tree-value-calculator/
Found this web site, has a lot of detailed information and various ways to calculate the value of a tree.
https://8billiontrees.com/trees/tree-value-calculator/
And he won't be, all he knows is what the Hardwood Market price would be. This is useless when value for future growth value isn't calculated and time frame for replacement is ignored. You may think you are shooting to high for value but in reality you are probable to low.
Here is one example, Say timber land is worth 1,200 dollars an acre clearcut, if they sell the land, inventory value on the land would be added to the land value. If for some reason someone damaged the inventory (trees) on the land ( as in your case, over spray) then the value for trees, future growth, along with the time frame it would take replace the tree should be considered. As you see the value of the tree isn't just the market value of the tree but other values must be considered in value to make you whole for your loss.
I'm curious, without getting too personal, how were they damaged and the claim is against someone? Agricultural drift?
Exactly. I'm not calculating the price by the board food, as if I intended to cut them down and have them milled. I want the value of the LIVING tree as it is and if it goes to court, the value of the trees over the next 20 years and other benefits they provide.
And this is what I would expect an attorney to shoot for, should I have to hire one, should the insurance company reject my numbers.
My goal here is to first be compensated for the trees that appear to be now dead and dying, to get all this behind me and forget about it once and for all (G0d willing).
I don't want to have to hire an attorney, drag it out in court and spend a ton of money with zero guarantee I'll get anything if it goes to court.
But, if I have to go down that road, you can bet the number will multiply x 10 and I'll add on everything you mentioned and then some.
But, that's not my Plan A.
I believe my claim is fair and honest and if they can't see that, then they'll have to pay for that mistake in court. It will cost them just as much to go to court as it would me.
I'll start off by saying I have no legal background to base this on, but here's something to consider. If this ends up going to court AND you have already provided the insurance company with a value, I don't think you'll be able to come back later and say that you now think the trees are worth more. Your only option at that point would be to have a 3rd party do the evaluation, and then you'll be stuck with asking for what they provided, plus their fee (if any), plus your legal fees, plus any other costs you have associated with the case (keep receipts). In other words, I don't think you can't say (in writing) now that you want $50K, and then come back in court later and say you want $100K without providing evidence that supports the increased amount.
Also if I remember correctly, any payment would be considered taxable income.
Also if I remember correctly, any payment would be considered taxable income.
I do have is lots of experience dealing with an a-hole neighbor and damages done to my house/property from his trees. Lawyers, certified letters, quotes from contractors, quotes from arborists/tree companies for trimming/removal/ reports on tree health and risk assessment, let alone time dealing with the township and their antics over what can and can't be done with the trees. All that to get his insurance company to pay for damages. Next time any of his trees do damage hes getting sued. Get a professional and do it right, any of this goes to court you're screwed.
If reported as a loss to IRS the reimbursement for loss will be a wash. When I worked with FEMA evaluating farm disaster loss as an estimator after hurricane Ivan we counted loss for things like fences, structure damage, timber damage, we allowed salvage price for the timber to help compensate for removal cost, and the replacement cost when not covered. I gave a copy to the land owner and filed one with FEMA as a disaster claim. In most all cases the reimbursement was less that the damage quote so the proceeds from a disaster payment would count as a wash.
Often Timber damage didn't show up till a year or two later. With a pine, the wind may have sway the tree so much that it broke the tap root and that will cause the tree to die slowly.
You could have mentioned all that sooner.
and that's exactly why I was conservative on my submitted damage claim... hoping to avoid all that nonsense.So, what was the outcome of your ordeal? Did your neighbors insurance cover your damages?
Same with the toxin contamination - while there are immediate visible signs of damage, there are also invisible effects that can cause the tree to fail/die a year or two down the road.
Not sure what you mean about the taxes - will I have to pay income tax on any claim payout?
Yes, I've considered that... if it goes to court, I won't be adjusting the value of the trees I've already listed. or adding additional damage/loss/expenses without supporting documentation.
Two years ago I talked to two plant biologists who specialized in testifying in cases like this.
One wanted a $6500 retainer, the other $5500, just to come here and have a looksee.
Long story short, no. At the time of the last incident (tree branch sticking through the roof.) We did not have proof of the tree being a danger, even though i had approached him with concerns about the tree being half dead, had the township out to see what I could do, and even offered to pay for the tree(s) to be removed. Wasn't good enough, as nothing was official. So the lawyers got involved to write up a letter, which had the report from the arborist, including pictures of the damaged/declining health to the tree(s) and a plan of action/ me offering to pay for removal/ cutting back past the property line (which will kill the trees off anyway.) 3 attempts were made by certified mail, then I paid the sheriff's office to hand deliver the letter. With all this done, my insurance company will sue his insurance company if/when any of the trees/branches do any damage. This was all at the request of my insurance company, over the past 12 years they have documented 8 different occuances of damage caused by trees on his property falling/ dropping branches and doing damage. Fourtonalty no one was home when the last 2 happened, a smaller dead oak got blow over onto the side of my house, which didnt do major damage as it was very rotten. Roof and siding repair. The branch through the roof was the final straw. If any of us would have been on the stairs when it hit, it is very likely we would have been hurt. I did recently have another branch come down on my wood shed, but the damages are less then my deductible so unfortunately I have to eat that one. He's been warned, I've offered a reasonable solution. He's got his letter (which shows a good faith effort on my part.) And the next time, he's paying for it. I'll be dammed if I'm paying/ fixing my house again, because he's too stupid to do property maintenance and I can't legally do anything without crossing property lines/ killing the tree from trimming back to the line.You could have mentioned all that sooner.
So, what was the outcome of your ordeal? Did your neighbors insurance cover your damages?
I wish someone would have told me about getting other in to deal with this issue after we had the first tree fall on the house, my insurance wouldn't have had to pay for anything.
This is the organization you need to contact: https://www.asca-consultants.org/
They will assist you in finding a local person in their organization that will come out and assess a value to the trees that you have lost or will loose.
They are the best of the best when it comes to arborists, and you will get a real estimate for what you have lost.
You will have to pay for it, but if you get the right person they might feel a bit of pity on your particular situation and not hammer you too much on their assessment.
Their findings will hold up in a court of law.
They will assist you in finding a local person in their organization that will come out and assess a value to the trees that you have lost or will loose.
They are the best of the best when it comes to arborists, and you will get a real estimate for what you have lost.
You will have to pay for it, but if you get the right person they might feel a bit of pity on your particular situation and not hammer you too much on their assessment.
Their findings will hold up in a court of law.
Yes, it's been a pooh show for sure. There are other stories of stuff he's done to me and the others back our lane, but that's for another time. My point being is just have everything lined up, I didn't for years and it's cost me thousands of dollars till I learned the "proper/legal" way of covering my butt. That cost some too, but less then the damages to the house and wood shed.Geeze what a horror story.
Ever hear of 24-D?
Try to find an ASCA arborist. ThIs is what they do when a homeowner has been damaged. Don't do the valuation yourself.
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