Oak tree damaged. What's it worth?

[Texaus 377]

Had a tenant order a mattress. Delivery guys were told not to attempt going down a narrow, tree-lined, drive with their massive truck. They did it anyway and took out a mature oak tree. Tree is broken at trunk and completely down. I'm trying to figure out what to ask for from these dumbasses. Obviously the cost to remove the downed tree and replant a new oak, but there is no buying a tree of the size comparable to what was destroyed. Is there some way to put a value on the tree?

[immamac 43057]

I have nightmares about this as I have a pretty insane oak out front. Subscribed

[Loco 3754]

Dude, they move some pretty damned big oak trees.  Good luck getting them to pay for it

 

[Judge Roybeanbag 11821]

^^^^

That's pretty badass.  Hope it lived.

[cactusflinthead 27603]

https://www.noble.org/news/publications/ag-news-and-views/2015/november/formula-provides-basis-for-tree-appraisal/

 

[cactusflinthead 27603]

Get an arborist to figure the appraisal.

[Texaus 377]

5 minutes ago, cactusflinthead said:

https://www.noble.org/news/publications/ag-news-and-views/2015/november/formula-provides-basis-for-tree-appraisal/

 

niiice, thanks!

[deadshank 24653]

5 hours ago, Loco said:

Dude, they move some pretty damned big oak trees.  Good luck getting them to pay for it

 

Moved and still living area different things. 

[Surly Bevo 25153]

bout tree fiddy

Edited July 25, 2019 by Surly Bevo

[Mrs Whiggins 13050]

Take lots and lots of photo evidence.

[The University 851]

i was thinking the same thing about photos. hopefully you also have other photos of the tree before it was damaged. if not, look for satellite and street view photos.

depending upon the size, species, and age, it might be worth way more than you think. if that's the case, it may be time to get a lawyer.

[dcbc 14509]

You can legally recover the ornamental value of a lost tree, but unless these guys (and their company's insurance co.) are just dying to do the right thing, it's going to cost you in legal and expert fees.

Edited July 26, 2019 by dcbc

[NeverMarryAStripper 21921]

Sue them for $10,000 in small claims court. Get a default judgement when they ignore you. Have a repo man repo their truck. Drive their truck through the front door of their store.

[Gil Bang 26022]

1 hour ago, NeverMarryAStripper said:

Sue them for $10,000 in small claims court. Get a default judgement when they ignore you. Have a repo man repo their truck. Drive their truck through the front door of their store.

trust this man, he's pre-law.

[Orange&White 5539]

🎶🎵  Whiskey bottles, and brand new cars.......🎵🎶

[Asithappens 974]

22 hours ago, Texaus said:

Had a tenant order a mattress. Delivery guys were told not to attempt going down a narrow, tree-lined, drive with their massive truck. They did it anyway and took out a mature oak tree. Tree is broken at trunk and completely down. I'm trying to figure out what to ask for from these dumbasses. Obviously the cost to remove the downed tree and replant a new oak, but there is no buying a tree of the size comparable to what was destroyed. Is there some way to put a value on the tree?

Sounds like they went down a public street in a municipality that didn't take adequate measures to allow for commercial traffic.

 

Good luck.

[Texaus 377]

Sounds like they went down a public street in a municipality that didn't take adequate measures to allow for commercial traffic.
 
Good luck.

No, private drive on 6 acres. Any moron would easily be able to see it was a bad idea to attempt and they were cautioned by my tenant not to do it beforehand. I wasn’t present, just got the phone call after the fact.

[Asithappens 974]

 Delivery guys were told not to attempt going down a narrow, tree-lined, drive with their massive truck.

I don't think this will count for much. 

Was the street "zoned" for smaller type trucks?

[Asithappens 974]

Just now, Texaus said:

No, private drive on 6 acres. Any moron would easily be able to see it was a bad idea to attempt and they were cautioned by my tenant not to do it beforehand. I wasn’t present, just got the phone call after the fact.

I don't know how much of a duty is created by a tenant "cautioning" the driver.

 

[Gil Bang 26022]

Well, the guy behind the wheel is responsible for whatever shit he runs into, warning or not.

[Hank Scorpio 17731]

One of my favorite quirks of Texas law, you can recover for the intrinsic value of trees. So not just what it costs to replace them, but also just some money because trees are nice. 

You will also never recover much from some dumb shit moving company so don't waste your time. 

[Guest Lobo]

Please go out and paint the breach. I’d buy five or six cans and just drench it.  Oak wilt is still active in July...and what you described is an ideal target for them 

don’t let this unfortunate occurrence decimate the rest of your street.  

[fattyflattie 4638]

Dude, they move some pretty damned big oak trees.  Good luck getting them to pay for it

I know there’s a better pic somewhere down one of the interstates with a massive oak, but yeah.



My folks live out in the country, and about 12-15 several hundred year oaks on their place. Majestic trees.


Sent from my iPhone using Tapatalk

[dcbc 14509]

5 hours ago, Hank Scorpio said:

One of my favorite quirks of Texas law, you can recover for the intrinsic value of trees. So not just what it costs to replace them, but also just some money because trees are nice. 

 

Yep.  The supremes revisited this topic pretty enthusiastically a few years ago. 

449 S.W.3d 474

[RDCanecutter 26473]

First you make a roue, and get a Lorax hat.

[Jkwellborn 6744]

Have someone pick the tree up and glue it back together. Ratchet straps to hold it. Profit.

[Nueces River Rat 5539]

What kind of Oak is it?  Then sell the wood to a BBQ pit master if it's Post Oak.

At least get something for it.    

[SquishMitten 10435]

Your answer will depend entirely on what you mean by a "mature" Oak tree. There's a big difference between a 20 year old mature tree and a 70 year old one. 

For property value, I've always heard common mature Oak trees were valued up to $10k. But that can vary significantly in either direction. I was looking at trees a few years ago, and I was quoted around $4.5k to have something like a 30' Oak with a 12" caliper brought in. Lots of places online that could give you a quote. Add that price, the cost of removal, and another few grand for your troubles, and send them a demand letter. Unless you used some tiny local outfit, they surely have some sort of insurance for property damage.