Compensation for Trees Destroyed by Fire

The law recognizes that trees on private property have special value.  So when a tree is destroyed due to the wrongful act of another, the wrongdoer cannot get away with simply paying the property owner for"Quercus Agrifolia" by PeterOMalley - Own work. Licensed under CC BY-SA 3.0 via Commons - https://commons.wikimedia.org/wiki/File:Quercus_Agrifolia.jpg#/media/File:Quercus_Agrifolia.jpg what the tree might have sold for as timber.  Rather, at least in some circumstances, the wrongdoer must pay for the costs of replacing the tree with another of the same size.  In fact, depending on the case, the wrongdoer may be required to pay the property owner three times the tree's value.   

The law has been interpreted differently by the courts.  Some courts will apply the law only when the trees have been wrongfully cut down.  Other courts apply the law to trees destroyed as a result of fires.  Still other courts require the wrongdoer to pay not just a multiple of the tree's replacement cost, but to pay for the replacement tree’s installation and aftercare as well.  

Trackbacks (0) Links to blogs that reference this article Trackback URL
http://www.capersonalinjurycaselawnotes.com/admin/trackback/322069
Comments (0) Read through and enter the discussion with the form at the end
Post A Comment / Question Use this form to add a comment to this entry.







Remember personal info?