QUESTION

Can I sue someone who cut down a tree on my property?

Asked on Oct 16th, 2015 on Litigation - California
More details to this question:
A person cut down a 70 year old oak on my property just to test out a chainsaw. I told him that he could cut some wood already down on the ground or cut down a dead tree. He purposely cut down a healthy Oak tree that was a key in minimizing hillside erosion. Can I get damages and if so how do I value the tree?
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5 ANSWERS

Michael Eric Wasserman
In California there is a law that establishes that cutting down a tree without an owners permissions allows treble (3x's) damages for the value of the tree and I believe there maybe a recent case for emotional distress damages but that is an iffy damage. To determine the value you would need an arborist to value the tree and if you believe it was the key to preventing hillside erosion, someone with specialty training in soil erosion.
Answered on Oct 26th, 2015 at 4:20 AM

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Yes, you certainly can get damages and it should be the price of replacing an oak tree of the same age and height [which probably a tree expert does not know for sure as no one does that, but perhaps they can give an estimate]. You need a declaration from an expert to show the court.
Answered on Oct 26th, 2015 at 4:20 AM

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Elder Law Attorney serving Fresno, CA at Carl L. Brown
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An expert consultant, landscape or arborist may value the tree. You may receive up to treble damages, depending on the evidence.
Answered on Oct 26th, 2015 at 4:19 AM

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Edwin K. Niles
You can certainly sue. Difficult to assess damages. Small Claims is up to $10,000; if you think the claim is worth more, see a lawyer.
Answered on Oct 26th, 2015 at 4:18 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. The short answer is: yes. However, you would have to find an expert to determine the value of the tree and/or the detriment to your property (Hillside Erosion). I suggest that you contact an experienced civil litigation attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. (S)he would then be in a better position to analyze your case and advise you of your options.
Answered on Oct 26th, 2015 at 4:18 AM

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