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Damage Done to Trees: Consequences and Compensation <br /> <br />My neighbor cut down trees on my property. What are my legal <br />rights? <br />Cutting down a tree on another’s property without permission is <br />trespass and carries a stiff penalty. A Minnesota statute provides <br />that whoever intentionally cuts down a tree without the tree <br />owner’s permission can be assessed three times (“treble”) the <br />amount of monetary loss suffered by the tree owner.1 If the tree <br />damage is unintentional, then the tree owner’s loss would not be <br />tripled. In one Minnesota court case, a driver had a heart attack while at the wheel and <br />crashed into a grove of spruce trees. The driver was responsible for the cost of the <br />damaged trees, but he was not ordered to pay three times the cost, because the damage <br />was caused accidentally.2 <br /> <br />How will I be compensated for damaged or improperly removed trees? <br />Try the direct approach first. Have a face-to-face discussion with your neighbor, the <br />wrongdoer, and give him an opportunity to make an offer to compensate you for your <br />loss. The reason to try to work it out is to avoid having to pay for lawyers, appraisers, <br />and related legal costs. It may cost you more to prove the value of your trees than to <br />recover your loss. <br /> <br />If you simply cannot come to terms with your neighbor, you will likely have to go to <br />court. You can sue in Small Claims Court (called “Conciliation Court”), if your loss is <br />$7,500 or less. You should consult experts to establish the value of your tree or the <br />decrease in your property value. <br /> <br />How do I find experts? <br />Start by calling a tree nursery or a tree-moving company (consult business directories). <br />They can give you a value about the trees that they sell. If the tree diameter is greater <br />than 3 inches, the nursery retailers will likely refer you to a tree appraiser. Professionals <br />that appraise tree values or landscape damage usually charge $75 to $125 per hour for <br />consultation time, driving time, and report-writing time. <br /> <br />How is the dollar value of a tree determined? <br />Tree-and landscape-appraisers use formulas to determine the dollar value of a tree. The <br />factors that appraisers consider include the tree species, its size, its condition (health), its <br />location/site, the tree’s functional and aesthetic attributes, and its placement in the <br />landscape (e.g., a single, mature tree in a yard; a tree in a grove; or a tree under a power <br />line). <br /> <br />A construction contractor damaged or removed trees on my property. What are my legal <br />rights? The leading Minnesota court case on this subject involves a church whose road <br /> <br />1 Minn. Stat. §541.04 <br />2 Pluntz v. Farmington Ford-Mercury, Inc., 470 N.W. 2d 892 (Minn. App. 1991). <br /> <br />DamageDoneToTrees FINAL: Consequences and Compensation <br />1