Three very old, very tall pines were removed from our yard during a local road construction project yesterday. We had been guaranteed that no trees would be removed - as we now face the highway with no barrier. (There are about 12 other trees in this row).

Although we granted an easement and were paid, this easement did not cover the space that was being dug (according to the drawings supplied). When I contacted the Dept. of transportation, the foreman said he "knew I was going to be mad".

All I really want is the trees replaced, but am extremely concerned about the effect on my property value. We live in a quite nice neighborhood. What is the best way to negotiate additional funds AND the replacement of the trees?

Reply to post by M Tufts, on April 21, 2001 at 08:32:49:

I think there are three things you need to do.

1. Establish that the activity that caused the loss of the trees and/or the trees themselves were outside the granted easement for which you were compensated. Pay careful attention to any temporary "working" easement which may have extended beyond the permanent taking.

2. Establish a reduction in property value in addition to what you were already compensated for. This will no doubt require a legally competent real estate appraisal.

If there was an explicit representation that the trees would remain you might make a case that they are compensable in addition to the compensated or additional real estate value.

You need to pay attention to how the compensated real estate value was estimated. If it was on a simple, pro rata amount per unit area (related to your improved property or to market values for land) that may be less than the effect on the remainder (the loss to your improved property with no screen),

3. Your legal remedies. The law may or may not recognize any of the above items. Just what the law allows you will determine how to best negotiate or make a case. That may require talking to a lawyer.