We paid over $115,000 for 1.20 acres in a new residential development outside Houston, TX designed for emphasis on nature and conservation as the perfect site to build our dream home. Our builder (selected from a short list of preferred and approved builders provided by the developer) did not coordinate the exact location of the water meter with the water company, resulting in the water company digging a 6'deep x 2'wide trench within 3 feet from the base of a beautiful 150 yr old pecan tree. In fact, the water meter was sunk so close to the base of the tree, the equipment used to dig the hole scarred the face of the tree on that side. Needless to say, a tremendous number of large roots were cut, resulting in the loss of an irreplaceable asset to our property. We consulted several tree specialists, including the TX Agricultural Commission, but all agreed there was no hope in saving the tree. Is it possibe to determine the value of a loss of this nature? Obviously, the tree cannot be replaced with an identical one. Can you refer me to a professional in my area who can make this type of appraisal? We are just sick over this and consider it a devaluation of our property. We paid top dollar for this land in this development for the beautiful trees and natural environment; the exact placement of our new home on the lot was carefully planned with the builder to center the front entrance between this tree and another huge pecan. At this point, we want to explore all our options and need the assistance of professionals in this area. PLEASE HELP!

Reply to post by Nancy, on February 01, 2002 at 19:32:37:

I'm sorry to hear about the loss of the pecan. Unfortunately, this happens all too often.

There are appraisal methods that can be used to determine the value of large trees. I suggest you contact a consulting arborist with experience in the appraisal of trees.

The American Society of Consulting Arborists can recommend highly qualified arborists and consultants in your area. Their web site and database is at

http://www.asca-consultants.org

or contact the main office at

American Society of Consulting Arborists
15245 Shady Grove Road
Suite 130
Rockville, MD 20850
(301) 947-0483

Good luck.

Reply to post by Russ Carlson, on February 01, 2002 at 19:32:37:

Russ (as always) offers sound advice. You need a good consultant experienced in appraisal.

But the value which can be estimated by x, y or z method is only as good as the remedy you are allowed by law. Statute, regulation or case law in TX my either severely limit you monetary damages, say to the contribution to market value of the property, or may allow much higher damages, say actual replacement. So it may be wise to consult an attorney.

You may also have a contractual basis for recovery from your builder if any contract called for tree preservation.

Bear in mind that TX led the way in replacing really large trees and there a specialists in doing that. Your consultant is likely to know some and also know "how replacable" your pecan is. Also bear in mind that even if it is technically doable you will be constrained by the law as mentioned above.

There is case law in other states, BTW, that has recognized a recent buyer's opinion of tree value - "I paid x$ more for this lot because of THAT tree - as a more admissable measure of damages than an expert opinion. Again TX law is the key.

Reply to post by Nancy, on February 01, 2002 at 19:32:37:

Nancy,
You've received good advice from Russ and Scott on appraisal, but I wonder if the TX Ag Comm is the best resource for determining the odds of saving this tree or at least extending its useful life. You might consider looking harder for an arborist experienced in dealing with damaged pecans.

I don't want to create false hopes, but I've worked on pecans that had a great deat of roots removed, and most are still alive. Pecans have the advantage of being good at walling off the interior spread of decay, and also having a branching habit amenable to reduction of branches that are dying back. So Perhaps the life of this pecan can be extended while a replacement tree gets established.

I hope you take the advice of getting a lawyer who will aggressively try to make the best of this. the responsible parties should shoulder any feasible attempts at repair, and replace the lost value of whatever portion of the tree you lose, as well as for the ultimate loss of the tree should that have to occur.

Scott, what does it mean that TX may not allow replacement? I don't think I read that right.

Guy

Reply to post by Guy Meilleur, on February 01, 2002 at 19:32:37:

Guy,

I was speaking only of the allowable measure of damages. Some jurisdictions allow the cost of replacement or of "cure" - both with or without depreciation as measures of damages. Other jurisdictions exclude such measures and allow only timber or cordwood value, or statutory fines or a diminution in r.e. value. Some jurisdictions allow any measure but it varies judge by judge. In CT the case law on damages mostly allows only cordwood value for private trees but a different statute allows replacment cost measures for public trees. If there is a contractual basis for action then it's an entirely different game. So the appraiser must look to the allowable measures on a case by case basis. Value in an appraisal context is not intrinsic. The appraiser only develops an opinion of value to guide the decision makers who determine the "fact" of value.

Reply to post by Nancy, on February 01, 2002 at 19:32:37:

Nancy - hold on a second.

Guy mentioned some hope - appraisal may be premature for actual value although cost recovery for repair should be thought-out. Too often, even with conventional wisdom the sheet's pulled-over the corpse before all attempts are made for resusitation.

WE rescued a stately live oak that had not only lost the ability to use 1/3rd of it's root system, like your tree it lost half it's southern anchor, falling victim to heavy wind. I drove to the client's ranch and saw my patient lying over on it's side. We craned the tree (250 yr old) upright, performed cleft grafting (using bamboo shoots and apple scions)on the severed main roots, and anchored 360 degree support to surrounding brothers.

The company who did the trenching (that felled this giant) also contracts to the state forest service for underground fungal disease spread, coincidently also are members of International Society of Arboriculture. I quit due-paying years ago. Ironic huh?

The pecan may be saved, although in the interim it may necessitate the temporary presense of hardware being Houston is hurrican prone. The main costs of our live-oak operation was rental of a 50-ton crane so if your tree is still standing.........

It took 150 years for that tree to get that way, reimbursment will never recover the aesthetics in our lifetimes, but if conservation and natural ethics are real, that won't matter.

Reed

Reply to post by Reed, on February 01, 2002 at 19:32:37:

Valuation, assessment, inspection, litigation and attorneys.

I keep thinking people in America really care but I harbor less and less hope. What's it worth? How much can I get? Who has the best lawyer?

From now on, it's back to the woods - where the health of a single tree or the entire stand is more important than some person's real estate investment. I should have known she was out for the mulah or she wouldn't have bought in that neighborhood in the first place.

Reply to post by Reed, on February 03, 2002 at 11:42:59:

"It's a legal matter baby, you got me on the run; a legal matter baby, a legal matter from now on..." The Who

Maybe you're right, Reed; Legalese is more fluent a lingo than tree biologese for most.

Then again, maybe Nancy found a local arborist who's working right now to extend the useful life of that tree.

Or maybe she's still looking to the state government agency for cutting-edge technical advice. God help her then.
Or maybe they sold the house a la caveat emptor.

That's the thing about putting out advice, on the net or any other place, free or for a fee; you make the most sense that you can, then hang back and let go of it.

the tree(s) condition is still the most important thing to the arborist; what the tree owner decides is based on things we don't know.

Reply to post by Reed, on February 03, 2002 at 11:42:59:

You know, I sought out advice from the professionals on this site after NOT taking the advice of the so-called local "experts" to go ahead and remove the tree last MAY when the damage occurred. We were initially told there was no hope in saving this tree. Later, we were told the tree was dead and would need to be removed. The developer's engineer even offerred to remove the tree for us when they removed other trees in the development.

Guess what? We didn't cut down the tree. I couldn't bring myself to do it without being absolutely sure. Amazingly, the tree has started to bud out. These local "experts" are stunned. I have consulted with an urban forrester for his evaluation of the current condition and proposed treatment plan for any possibility of saving this tree. He is also quite surprised, especially after seeing photographs of the root damage, that this tree is showing such a positive condition. He has recommended deeproot fertilization, pruning to remove large deadwood, and vertical mulch throughout the entire dripline. We are in the process of gathering bids from various tree services to begin treatment ASAP.

And, it isn't ALL just about how much money the tree is worth. But, I will admit to being ignorant as to what professionals to turn to - I stupidly thought the Ag Comm would know what they were talking about when they told us the tree should be taken down. Just as I stupidly trusted the integrity of the builder I hired, and stupidly trusted the water company would know better than to sink a water meter right next to the base of the tree.

But you know what, hopefully, I'm getting smarter. At least I'm seeking information and options before destroying a majestic work of nature, 150 years in the making. We are proceding with a treatment plan, in spite of the additional concern as to whether this tree is stable enough to withstand high winds (we do get hurricanes here, you know). No one I've spoken to will give anything better than a 50/50 chance, but we're going to do what we can to try to salvage this tree. Any suggestions you can make would be appreciated.

I might also add that the more opportunities for interaction between professionals such as yourselves and builders, architects, developers, utility companies, etc. could only aid your cause. Unfortunately, I did not have appropriate knowledge as a lay person to be pro-active in consulting with someone such as yourself prior to beginning construction.