In Harshbarger v. Klamath County, No. A163379, the Oregon Court of Appeals addresses timber trespass claims involving noncommercial, ornamental trees. In such cases, the court holds, the plaintiff must prove either (1) that damage to the trees diminished the market value of the real property, or (2) that the effect on the property’s value cannot be determined. According to the court, if the evidence shows that the land’s market value is not affected, then the plaintiff cannot substitute evidence of the value of the trees or costs related to the trespass. The timber trespass claim simply fails.
Continue Reading Trespass To Noncommercial Trees: No Effect On The Land’s Market Value? Then No Timber Trespass Claim, Says The Oregon Court Of Appeals