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contractor piled soil over the roots of some trees on church property.3 The trees’ roots <br />were smothered, and the trees died. The church sued the contractor. The trees in this <br />case were ornamental, provided shade, and acted as a screen and sound barrier to nearby <br />highway traffic. The church was compensated for the “reasonable and practical <br />replacement cost” of the destroyed trees. An expert calculated the value, which included <br />the retail cost of the replacement trees, planting costs, and tax. The replacement planting <br />of trees would, over time, approximate the previous condition of the church’s site. If the <br />trees had been small, ill-formed, and not particularly desirable as ornamental trees, their <br />value would not be as great, and the way to determine the value of the loss would be the <br />difference in the value of the real estate before and after the damage was done.4 <br /> <br />Am I entitled to punitive damages? <br />No. You cannot collect both treble damages and punitive damages for trespass to your <br />trees.5 The purpose of punitive damages is to punish and deter conduct that is malicious <br />or willfully indifferent to the rights of others.6 Treble damages are the equivalent of <br />punitive damages. <br /> <br />Are there any criminal penalties? <br />A person who intentionally cuts down another’s tree without permission or damages <br />property can be charged with criminal trespass or criminal damage to property.7 A city <br />attorney or county attorney determines if criminal charges are warranted, and if so, <br />prosecutes the case. The wrongdoer, if convicted, faces penalties ranging from paying a <br />fine to imprisonment, depending on the value of the property destroyed. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />Disclaimer: The information included in this fact sheet is intended to be educational, not <br />legal advice. If you have a legal problem and require legal advice, you should consult a <br />lawyer. <br /> <br />3 Rector v. McCrossan, 235 N.W.2d 609 (1975) <br />4 Baillon v. Carl Bolander & Sons Co. 235 N.W.2d 613 (1975), <br />5 Johnson v. Jensen, 446 N.W.2d 664, 666 (Minn. 1989) <br />6 Minn. Stat. §549.20 <br />7 Minn. Stat. §609.605, subd. 1(b)(5) and Minn. Stat. §609.595 <br /> <br />DamageDoneToTrees FINAL: Consequences and Compensation <br />2