“DELETED” February 12, 2020
“DELETED” Re: Demand letter – Unlawful Tree Cutting at “DELETED” Dear Mrs.
“DELETED”, I represent “DELETED” with regard to her claim against you and your agents for the unlawful and unauthorized destruction and removal of an apple tree located on their property. Please direct any and all communication with regard to this matter to me. I have spoken with my client regarding this matter. She has informed me that on or about November 15, 2019, a tree cutting service, hired by you or your agent, did unlawfully, without permission, and at your direction, destroy a large healthy apple tree by cutting it at the base. This tree was located on my client’s property, adjacent to the apartment complex owned or managed by you. My client has attempted to communicate with the property manager and has reached out to you but has not received a satisfactory response despite your property manager taking responsibility for the tree removal. Under ORS 105.810, a party who is injured by an unauthorized tree removal is entitled to triple damages from the offending party. When calculating these damages, you must take into consideration the cost of replacing the tree as it was, along with the lost value of the tree until the tree has reached the size and maturity of the unlawfully removed tree. In this case, the tree was mature and healthy. In order to determine the value of the tree, you must determine the cost of the largest tree available for purchase as well as its planting and upkeep until it reaches the size of the removed tree, which will take at least 5 years. I have calculated this cost to be greater than $3,000 based on the cost of the largest commercially available apple tree and the care required to raise the tree to maturity. My client is also entitled to damages for the value of the fruit that they would have been able to harvest until the replacement tree reaches maturity as well as the value that the tree provided as a visual barrier between the two properties. The value