Hi Russ,

I am the adjustor for an electric company in Kentucky who has a claim filed against them for a homeowner's loss of a large oak tree. Since we do not insure the homeowner, there is no dollar limit other than the company's liability limits. I need help in getting an approximate value of the tree, determining what would have been a safe distance for trenching and input on dealing with electric company right of ways for underground lines. The tree is a Southern Red Oak and is approx 80'-100' tall and 30" to 36" in diameter. It is the main source of shade to the home from the west Sun. The electric company says they have a 20' right of way and the trenching was performed within that right of way. The trenching was only 2-3' from the base of the tree, however another 10' was available. It has taken the tree 2 years to start dying and is 2/3 gone. Since the electric company only had approx 13' from the base of such a large tree, would it have eventually died even at the edge of the right of way? I would appreciate anyone's thoughts.

Reply to post by chris cates, on August 17, 2000 at 10:37:26:

Chris,

1. VALUE. You really need a qualified tree appraiser to answer that. It depends on more than size of tree. Factors include condition before the damage, contribution to homeowner and so forth.

2. ROW. Did the utility have the right to "dig" or "trench" without limits or only the right to install subject to reasonable care for the trees or other property? Under KY law were any rights subject to pre-notification and consent? Those are legal determinations... or at least judgments.

3. Survival judgments would incorporate, again, pre-damage condition and the available rooting area on the undamaged side as well as the physical extent of damage. In the abstract that extra 10 feet would make a significant difference. The utility may also have had the technical option of horizontal boring under the roots virtually eliminating risk of damage and decline or mortality.

You really need a consulting arborist. Of course educating yourself is always a benefit... you know what questions to ask. Russ has a link here to ASCA and you can search for a consultant in your region. There's also a publications page and you can buy or get complete citations for GUIDE FOR PLANT APPRAISAL 9TH ED. by CTLA and TREES AND DEVELOPMENT by Matheny & Clark which are good starting points.

Scott Cullen