Best line from attorney:
“If you look from the top of his property it looks like he cleared trees from straight down,” Porro said. “Unfortunately the naked eye versus the survey map is the problem.”
Wish I had trees that were worth over $4,500 each.
A few years ago I made about $100 by cutting 12 trees (10-20 inch). I have 21+ trees that size and they want to charge me for them to cut and then leave the tops for me to clean up.
I heard that on the radio this a.m.
The interviewed the police. The captain basically said the guy should have known or did know where the line was and either choose to ignore it or didn't care.
I am somewhat familiar with this subdidvision having done topo and site plan/house stake out some years ago.
The topo makes for some difficult gradinga nd many of the homes higher up have decks in the rear of the homes on what looks like stilts.
The "I did not know where the property line is" is an empthy arguement as he was required to get a borough permit for the work.
Mahwah has had a tree removal ordinance since the 80's after developers were clear cutting lots with huge oaks. I stopped counting rings of one felled oak after 150 and had another 6-8 inches to go.
I saw the article on the front page of The Record this morning. I find it hard to believe Patel, the owner, had no idea where the lot lines were. He bought the land in 2004 and had the house built in 2006. Mahwah requires a survey, site plan (including tree locations), foundation location and a final as-built. I have done numerous surveys in the Rio Vista development. The filed maps are well monumented, and most of the lot corners are well marked.
> Wish I had trees that were worth over $4,500 each.
>
> A few years ago I made about $100 by cutting 12 trees (10-20 inch). I have 21+ trees that size and they want to charge me for them to cut and then leave the tops for me to clean up.
They can be, although they probably aren't in this case. Timber trespass usually results in triple stumpage, UNLESS the tree has value beyond the lumber. There is a formula used, and I don't have the current numbers, but a few years ago, the best tree in the best location would bring $35 per SQUARE inch of stump area. For instance, a red oak in an arboretum would bring that. A poplar in someone's back yard would bring less.
There was a fellow just outside of Jackson, Tennessee a few years ago that bought a 5 acre tract. The highway had been relocated and this 5 acres had been cut off from a farm. He bought this land because it had some big, beautiful oaks and he wanted to build a house among them. Well, the owners of the farm had their timber cut and the timber cutter got ahold of an old tax map, so he cut down those trees. He ended up having to pay about $40,000 for the trees. He argued that it wasn't fair because the fellow only paid $20,000 for the entire 5 acres. It didn't matter. The formula dictated the tree value.
> Bergen Record
>
> Best line from attorney:
>
> “If you look from the top of his property it looks like he cleared trees from straight down,” Porro said. “Unfortunately the naked eye versus the survey map is the problem.”
First comment to the article at your link:
"Will there be a clear view of the mountains from his jail cell?"
LOL
I heard a tale of a man on a waterfront lot.
A dozen or so guys went out with chainsaws and cut down all the trees on his lot, then scattered.
The Environmental Police and Conservation Agent questioned the owner.
He said, "If they were dumb enough to cut down those trees without permission, what makes you think they were smart enough to be on the right lot?"