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What's an oak tree worth?

34,643 Views | 100 Replies | Last: 5 yr ago by two1993ags
86Pilot
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My FIL has a 50' ROW along the side of my property. He took it upon himself to clear cut the 200-300 year old oaks along his path to create a road. My first question is who owns the trees in a ROW and secondly how much money does a huge beautiful old oak tree bring? He took 8-10 of them. I was out of the country when this happened btw. Discovered it about a month too late.
TexasAggie_02
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About tree fiddy
BoerneGator
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quote:
My FIL has a 50' ROW along the side of my property. He took it upon himself to clear cut the 200-300 year old oaks along his path to create a road. My first question is who owns the trees in a ROW and secondly how much money does a huge beautiful old oak tree bring? He took 8-10 of them. I was out of the country when this happened btw. Discovered it about a month too late.
The owner of the property the ROW is on owns the trees, in the absence of an easement or other legal document specifically conveying them to someone else. I should think the value is somewhat subjective, but suffice to say they could be worth thousands each! I can only imagine your frustration. What an idiot!
Dirty-8-thirty Ag
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The situation sounds like it sucks all the way around. It sucks that it is your FIL who did it, which makes getting the law involved a hard thing to do, but it also sucks to have big, beautiful, mature oaks cut down without your consent.

I foresee awkward holiday gatherings in your future.
always gig em
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Tree fiddy.



And 1.
oneeyedag
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By chance is he polish?

My FIL has done some head scratchers as well. Not on this type of level, but my wife and her brother have had WTF moments with their dad as well.
HarleySpoon
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He owns the trees and short of either an ordinance prohibiting their cutting or inclusion of a prohibition in either deed restrictions or a specific prohibition in the access easement, he can pretty much do anything he wants with them. His property.....his trees. You probably (just guessing) have an access easement that gives you the right to use the property to access your property....but it doesn't give you the right to tell him what he can do with his property as long as you still have adequate access to your property. He's still an idiot and rude for doing it though.

As far as value goes, one two hundred old oak on a one acre lot probably adds five to ten thousand if it is the only one on the lot. If it is,one of dozens on a ten acre lot, then individually it probably isn't worth too much.
bmfvet
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A delivery truck knocked down a 10" elm on our clinic property and their insurance reimbursed us $2000. There are calculations for tree value based on type and size (no clue where to find that though).
BBDP
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Replacement value of equal caliper tree inches (30" tree = 10- 3" trees) is one way to look at it.
A 3" tree is about $500.
Many Cities make you replace 24" and greater with a factor of 1.5 or 2.

Right-of-way can mean so many things.
Often its property owned by the municipality. Needs a legal definition to answer the question.
The document of record will likley answer this.


250 year old oak is probably in the 50" range.
OnlyForNow
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Those trees would be valued at 10s of thousands of dollars.
hellapark
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Friend of mine had a purchased an 80 acre tract which then had a gas well drilled on it.
The company ended up violating the agreement by building a pad that was 2x as large as had told him, taking down several large mature live oaks in the process.

He lawyers up and ended up getting enough in damages to pay off the place. I believe he said somewhere around 10k per tree.

As others have said, him being your father in law muddys the water and may not be something to push.
AgTDub
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AgTDub
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We had a construction project in downtown Austin once that had a several hundred year old "heritage" oak. The fine for damaging or killing that tree was $5MM. Then again that's in hipsterville so take it fwiw.
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cledus6150
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Chances are those 200-300 year old trees are more than likely half that age, but the fact remains a large old oak is worth a minimum of 50K in replacement costs. Some trees are valued higher than others the real determining factor in value is just how hard you push the issue.
AggieChemist
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Unrelated, but allow me to commiserate. There were two GIANT oaks on my grandfather's farm, right in front of the farm house. Biggest trees I've ever seen. I have a photo of the farm house from the turn of the century (1900) and the damn things were huge in that picture. I loved those trees. I played in them, my dad played in them, my grandfather played in them, and my great grandfather probably did too. After grandpa died the farm was sold out of the family as nobody lived close anymore.

Last time I drove by the farm they had been taken down.
Lungblood
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You can't stuff the *** back in the horse, but cutting fire wood is easy. I'd say this to the fil and then hand him a chainsaw and a splitting maul.
AggieDruggist89
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Well...if it's any consolation, you get to violate his daughter... no rule #1 necessary since you didn't bring her up.
RebelE91
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There needs to be more information before Texags (or you) can determine who owns the trees. You need to get a copy of the "ROW" document and that should determine it. Is this ROW your FIL owns adjacent to your property? Is this an easement on your property that is dedicated to your FIL? Is this a County ROW? City ROW? Assuming your property is in the country and not in an incorporated city, I would think if he had the right to build the road then he had the right to remove the trees. Obviously there are instances quoted above where that is not necessarily the case. But you have to go back to the document creating this ROW to know for sure.
86Pilot
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The rift began 6 years ago at his 70th bday party (big event). I thought it was a roast so I took the microphone first and just absolutely embarrassed the guy and had the whole place rolling. He wasn't laughing. Turns out, it was a love-affair, not a roast. I was the only person who grilled him. He told me afterwards that I'm outta the will. I thought he was joking. He wasn't. I've talked to him maybe three or four times since then (and not in the last 18 months).

I know the trees are 200 + years old because he had them ground smooth and the rings are pretty easy to count. And I should have clarified that a logger took the trees to a mill. So the value would be a lumber play, not an aesthetic value. This property is in rural east Texas. And I do need to find the deed or survey to see if the 50' ROW is an easement or if he deeded the property to himself (he's a lawyer and he did the legal work himself for us to buy the adjoining property to his place 20 years ago).
Whitetail
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Depending on the deed, you could take the guy to civil court and go for the intrinsic 50-100k value per tree.

Just depends.
Dirt 05
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My great uncle once fought the IRS over a tax write off he claimed from the loss of a old tree in the front of their house in New York. He researched the matter further after the IRS called him into their office to settle the dispute, and walked in with a report from the Forestry department at Texas A&M University. He told the IRS agent that instead of settling the tax bill he wanted to submit an amended return as he had underestimated the tree's value. The embarrassed and outraged agent brought in their manager who immediately stamped the return accepted on the spot!

As to your situation.... ouch.

Hate to hear about losing trees like that, but a prideful old man that was roasted in front of friends and family by the man sticking it to his daughter probably considers things even now.
STX Ag
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quote:
The rift began 6 years ago at his 70th bday party (big event). I thought it was a roast so I took the microphone first and just absolutely embarrassed the guy and had the whole place rolling. He wasn't laughing. Turns out, it was a love-affair, not a roast. I was the only person who grilled him. He told me afterwards that I'm outta the will. I thought he was joking. He wasn't. I've talked to him maybe three or four times since then (and not in the last 18 months).



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OnlyForNow
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Just curious.... were you hammered when you gave the toast?
TexasAggie_02
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quote:
quote:
The rift began 6 years ago at his 70th bday party (big event). I thought it was a roast so I took the microphone first and just absolutely embarrassed the guy and had the whole place rolling. He wasn't laughing. Turns out, it was a love-affair, not a roast. I was the only person who grilled him. He told me afterwards that I'm outta the will. I thought he was joking. He wasn't. I've talked to him maybe three or four times since then (and not in the last 18 months).



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Lt. Joe Bookman
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quote:
The rift began 6 years ago at his 70th bday party (big event). I thought it was a roast so I took the microphone first and just absolutely embarrassed the guy and had the whole place rolling. He wasn't laughing. Turns out, it was a love-affair, not a roast. I was the only person who grilled him. He told me afterwards that I'm outta the will. I thought he was joking. He wasn't. I've talked to him maybe three or four times since then (and not in the last 18 months).
Holy ****.



TexasAggie_02
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Plot Twist: his father in law is MFBarnes
AverageJones
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The Fife
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In for the drama! Or if rule #1 ever ends up happening.
Ragoo
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young eugene
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Apples to oranges example, but 6 mature oaks in Houston were valued at $400,000 last year. But enough about that, back to the drama!

" the city estimated the value of the six lost live oaks, planted two decades ago by nonprofit Trees for Houston, at $400,000"
http://www.houstonchronicle.com/news/houston-texas/houston/article/City-replaces-oak-trees-cut-by-Wendy-s-owner-6236670.php
Eugene4x
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Tagguy
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quote:
The rift began 6 years ago at his 70th bday party (big event). I thought it was a roast so I took the microphone first and just absolutely embarrassed the guy and had the whole place rolling. He wasn't laughing. Turns out, it was a love-affair, not a roast. I was the only person who grilled him. He told me afterwards that I'm outta the will. I thought he was joking. He wasn't. I've talked to him maybe three or four times since then (and not in the last 18 months).

I know the trees are 200 + years old because he had them ground smooth and the rings are pretty easy to count. And I should have clarified that a logger took the trees to a mill. So the value would be a lumber play, not an aesthetic value. This property is in rural east Texas. And I do need to find the deed or survey to see if the 50' ROW is an easement or if he deeded the property to himself (he's a lawyer and he did the legal work himself for us to buy the adjoining property to his place 20 years ago).
Dis gon be gud

I'd say time to take the gloves off. Do your research. If he is doing things to be an ass be sure to hit him hard.
Ergo97
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Any way to make peace in the family? You admit starting problems years ago.
AZAG08
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