Property Invasion, Damages, Trespass Tresspassed and cut down valuable trees

[lynnemullis]

Pa Power an Light have followed a vegatation management program to cut down all vegatation under their right of way. The notify the owners of the right of way. We do not own the right of way but border the right of way. We were not notified they were cutting out trees. They came onto our property clearly beyond their right of way and cut down several very old oaks and one old cherry tree. The subcontractor apologized and said he would get us a few small trees to replace.
This to me is tresspassing, unintentional probably, but they distroyed valuable property. What is our recourse and how do you begin to value the tree?

 

[mightymoose]

The contractor has made you an offer to make things right... apparently you are not satisfied with the offer.
You can work with that contractor to try to come to agreeable terms, and if you are not successful you can take the matter to court and let a judge decide.
What remedy will make things right for you?

 

[lynnemullis]

Thanks. I am aware I could go to court. Would prefer to accept a reasonable offer before I consider the time and expense of court. I do not know the law in this type of case. So my question can be broken down into two parts I think:
1. What is the law in the case where a public utility comes onto private property without notice amd cuts down valuable trees without the landowners permission? What would be the type of penalties or punitive damages are attached if they are considered trespassing? (Why would they have any more rights than your neighbor?) Does anyone know of any case laws? 2. How do you value the trees so that you could add the cost of the trees and any penalties attatched?
If I have answers to 1 and 2 I will then have some basis to accept a reasonable offer. I already know that a few 1-2 foot pines for replanting is a bit unreasonable of an offer.

Any thoughts help is very much appreciated

 

[lynnemullis]

By the way I guess I should add that I talked to the subcontractor for
Pa Power and Light that cleared the high utility lines. He is the one that suggested I might be able to get a few small trees from them. Now the forester from PPL is coming out to take a look at the trees cut down and also to measure the right away. I am not sure what he will say but I would love to be prepared.

 

[mightymoose]

Well I don't know your PA codes, but under California law this would be a misdemeanor trespass offense (enter lands of another and cut down, injure, or destroy trees).

Did you make a police report? Doing so might help to get an offer that suits you better.
The criminal penalties would be for the court to determine, but the value of the trees is pretty much up to you. You need to assess the actual value of the damage in some reasonable manner... and knowing noting about trees I can't suggest how to do that.

You simply need to decide what will make this right for you. They are offering small trees... it is a bit impractical to offer you full grown ones. If you are seeking an additional monetary amount in damages you need to come up with a reasonable proposal for them.

It sounds as if they have acknowledged the error and are trying to make things right. Offer them your proposal and see what happens. Be careful not to come across like you are attempting to squeeze them over this... just be sure it is reasonable and hopefully they will work with you.

If things aren't going well you can make your police report to get things on paper. Hopefully it won't have to go that far... it seems they are being cooperative.

 

[lynnemullis]

Thanks for your help. I did find a guide from forester on how to estimate the value. Average value in 1983 is 2,500 per tree. The top forester came out to look and will get back to us. He knew they were in the wrong. A tape measure shows how far off they are. They know we are upset and again just want a reasonable proposal. We will see. We are reasonable people and not "sue happy" on they other hand it is valuable property that can never be replaced.