Just finished a trespass case trial. We're trying to figure damages. We weren't allowed to introduce any damages during the trial because they weren't included in the Discovery stage which was three years ago. Any ideas on how to introduce damage cost that won't insult the Judge?
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Quinteen kazillion samolians is the minimum.
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Sorry. ?ÿI'm wise but only in the area below my back belt loops.
Please explain how there are damages resulting from trespass??ÿ
Did a unruly surveyor violently and with forethought and malice wield his light Saber machete and cut down a 100 year old Japanese maple?
Damages would include any damage done to the property from broken locks, gates, fence, ground ruts, lost crop in fields, timber and any physical damage to stock, pets, property and other such things multiplied by a factor of not less than 3.
If the event frightened or made SWMBO and the youngins cry there is no limit to the punishment which would include feeling some amount of pain and suffering by a proper amount of time being incarcerated and the plaintiff being awarded an ample amount of their monies.
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I would expect you to present expert witness type of costs quantifying the damages to the Judge. In Washington the multiplier for timber trespass (including Christmas Trees) is 3.?ÿ
https://app.leg.wa.gov/RCW/default.aspx?cite=64.12.030
Didnt know you used the multiplier. Isn't that punitive damages? A Surveyor can't really be an expert on property damage. I guess an Engineer is about the only one. I was told by a fellow that settles trespass claims for a power line company that if trespass is confirmed the sky is the limit for damages.
The law I mentioned is specifically targeted toward those who poach trees on land that they don't own. While a value can be placed on a tree that is gone but its stump remains (I've mapped many) that value is present value not the value when the owner may want to harvest it. I cannot see triple damages projected onto other damaged property like fences, buildings, etc. However the point I tried to make was that many judges will not be happy with "Joe down the street said that $X is a fair price", but rather would want a summary of damages based on an experts judgement. I could be wrong, but why would you take the chance. There is really not enough in the OP to clarify what was damaged or why.
I don't know what kind of damage was caused.?ÿ Several yeas ago I had a contract crew surveying for a proposed sanitary sewer line.?ÿ I had permission to enter the property but a member of the crew cut down some blueberry bushes.?ÿ It was Winter and no leaves so he didn't realize what he was cutting.?ÿ I went to a local nursery and got the price for replacing the bushes and offered the owner that amount.?ÿ He took the money.
IF the damage was to vegetation get the cost of replacing it (if possible) and offer that amount to the owner.?ÿ DO NOT attempt to replace it yourself, if it dies you're on the hook again.?ÿ If the owner replaces it and it dies then it's his problem.
Andy
A long time ago...
We dug up a corner, in a nice lawn, a couple lots down the street from the lot we were surveying. It was the middle of summer and the grass in a 1' dia area died. The owner called the boss, and was all upset. The boss told him to send a bill and he would pay to fix it. The guy sent him a bill for 50 bucks(this was circa 1976) the boss sent him an envelop with some grass seed.
@RADAR That's awesome! Digging up monuments at the corners of the property really never got me any grief from a landowner, but trying to explain why we were digging up a PC/PT in the middle of their lot always ended up turning into a Survey 101 class.