Gadzooks! What have I gotten myself into now. Seems the judge has already decided that this trespass was a violation, and now wants an appraisal for the trees and shrubs damaged. This is the situation: the house was the first in the area populated by a white man. We're talking 1880's here. The culprit cut to the ground such plants as ancient lilacs, 20 year old Concord Grapes, Apple trees that are not available anymore, and assorted flowering plums and dogwoods. This is a cost of cure nightmare! I guess I just have to go one plant at a time and figure this all out. Just how do you justify the value of a fruit tree that is cut in half, and isn't available to replant anymore.
Any tips?
Thanks,
Jim

Reply to post by Jim Pappas, on March 02, 1998 at 20:39:47:

That's why we do have a trunk formula method, Jim. It may not be perfect, but it is all we have to satisfy this situation.
lew

Reply to post by Jim Pappas, on March 02, 1998 at 20:39:47:

Jim, I have to disagree with Lew on this one (sorry, Lew ). If the issue here is not just landscape value, I think Cost of Cure is the best choice in this case. You can always find the old plants, if you look hard enough. They won't be available through the nurseries, but old orchards may have them, and they can be propogated from that old stock. Figure the cost to locate and obtain cuttings, graft, then compound to grow to a suitable fruit production stage. Add in the cost of buying fruit at the local produce stand, in the amount the tree produced, for the same time til a scion grows to maturity. You can do the same thing with the grapes. I did this 2 or 3 years back with a grape vine (growing in center-city Philly, of all places). What you are doing is estimating the "hardship" placed on the owner for the loss of his plants.

Be careful to mention that your figures don't include any historical significance the plants might have. That would probably require a historian and other plantsmen to help you.

Be creative! And good luck.

Reply to post by Russ Carlson, on March 02, 1998 at 20:39:47:

Good comment, Russ. I hope you are spending as much time preping for the Academy as on this board . The countdown is on ---- less than a month!
Dorothy

Reply to post by Russ Carlson, on March 02, 1998 at 20:39:47:

I, too, have used the "compounded interest method" for grapes and a mature Wisteria. However, I have found that trying this on a mature tree would not pass my reasonableness test. It would just take too many years to grow on to reach the height of the casualty tree. What say you?
verytreely

Reply to post by Russ Carlson, on March 02, 1998 at 20:39:47:

I like your idea about the grapes Russ, and I would use conventional appraisal methods according to the "justification," of differnt plants/trees.
Thanks for the creative insight!
Best,
Jim

Reply to post by lewbloch, on March 03, 1998 at 20:09:22:

If you consider that Cost of Cure, and compounded interest as a subset, are intended to be the costs to restore the lost benefits, then you do not necessarily have to grow the tree to the same age or size as the one that was lost. Perhaps a 40 foot tall tree will do where a 60 foot tree stood. Maybe a different species would grow faster, yet be as good a choice for the site. Example- 60 foot blue spruce that blocks view of neighbor's driveway and garage. Do you need to grow a 60 foot tree to block that view? That large tree provided other benefits, in terms of landscape aeasthetics, which also have some bearing on the decisions, but you could recreate a screen in much less time than 60 years.

Reply to post by Jim Pappas, on March 02, 1998 at 20:39:47:

Jim - You need to derive a 'Capital Value' for the lost stock. See my followup to Ken Six. You also need to use the compound interest method to allow for the years to replace the lost amenity.

Like Russ, I disagree with Lewe Bloch in as much as his personal test of reasonableness is irrellevant. What is relevant is what the Court decides is reasonable and,if the US Courts are anything like the English Courts, the test is 'what would a reasonable person think?' The man on the Clapham Omnibus / Joe Public etc.

Clearly an historic garden has been vandalised and it will be difficult to restore, but not impossible. But it will take time. Russ is right the old stock is out there if you look and it can be propagated - again time. Hence the need for the compound interest.

Applicatuion of the Compound Interest depends on your calculated capital value. How you derive that is up to you, I would suggest the CTLA method plant by plant, but you might like to look at the Arboricultural Association Method we use in the UK. "Amenity Valuation of Trees & Woodlands" by D R Helliwell. Contact the AA on 011-44-1794-368717 or http://dspace.dial.pipex.com/treehouse/

I hope this helps - good luck

Dealga