Re cost of tree. Dont sell yourself short! I have oak- One of top 3-4 oldest in state. If they cut it down it would be minimum $1M discussion!

Yeah, mature trees a ****ing expensive

Guys:

Have started down the road with a surveyor and have started getting quotes for trees. The one thing I can't ascertain with any certainty is whether a tree whose trunk is on the easement line is something they are allowed to take. I measured the trunks the other day and 28 of the thirty trees have a diameter greater than 20 inches and five of them have diameters greater than three feet.....looks like only eight of the 30 are wholly in the easement and 12 are wholly on my side of the easement with the remaining ten trees being on the easement line. The survey will of course be more definitive.

Anyone with actual knowledge/experience with tree trunks that are on the right of way easement line?

I dunno but it sounds like someone wanted to cash in on the wood that was cut and thought they could pull a fast one if you ask me.

You'll most likely only be able to collect damages for trees that were solely on your property.

On their side of the easement is theirs and ones that are split, while in fairness are both, they have the ability to "trim" the tree in a fashion suitable to their needs and goals, which could effectively kill the tree anyways, and then leave you with the leftover bits to clean up.

BUT, I'd use the concession that you're not going after them for the shared trees or others and only want compensation for yours, just at a slightly higher rate (say 10-25%). Or that you want 25% of the value of the shared trees, based on diameter of trunk.

Thanks. Is that spitballing or do you have related experience with TxDOT ROW's?

That's 12 years of experience working around TxDOT and other municipality projects as well as private enterprise projects.

In reality, it's 50/50. Experience and what I would want. What to expect? You're only gonna get **** you ask for

Sue the crap out of the hypocrite's, City of San Antonio charged me 35K to cut down 3 Hackberry an almost dead pecan tree and a decent oak tree, total diameters were 20". They wanted me to plant 2.5 times the diameter of what I removed! This on a 30K sq ft warehouse build. The only decent tree was an oak that was maybe 4" diameter! This was all on a lot that had been vacant for 30 years!

So in my experience, I do think TxDOT will try to make this right. I have not worked in that area, but I have found them to be fair.

My course of action would be to email the PM, his boss, and the area engineer if that isnt who's contact info you got. I would say that the contractor has removed at least X numbers of trees fully on your property, and XX numbers of trees at least partially on your property. The contractor shall not grind or remove these trees until an appraiser has had the chance to appraise these.

Here I disagree with onlyfornow. I think TxDOT is pretty limited in the aspect that they can only pay the amount that the trees are appraised for. Maybe in a situation like this they can, but that has not been my experience. So I would try and get the full value of the trees on your property and partial value for the others.

I think TxDOT will have to contract the appraiser for this and go from there. TxDOT will be slow so you need to just keep pestering them. You will be allowed to get your own appraiser, but don't do this until the TxDOT one has been out there. Also save your receipts, but I would not spend any more money unless you feel like you are left no choice.

It will be up to you to really get this ball rolling so I would keep pestering them.

jayelbee said:

---

I don't have a lot to add except the craziest thing about this thread dis OP saying it wasn't worth the money to survey the stumps.

I've been out of this stuff for a long time, but I thought ownership was based on the % of the root ball on which side of the line.

Also, thst last post there talks about TxDOT, but this was a TXDOT contractor that did the clearing and they have insurance. That's one of the first places I'd go for compensation.

---

You bring up a good point. I could be completely wrong but I think txdot is the way to go is because they are ultimately the ones at fault, since the contractor is there on their behalf. Let Txdot worry about getting reimbursed by the insurance. Also, I dont see him getting any money from the contractor without a lawyer, and the contractor is going to immediately blame the designer and say that they should be the ones to pay.

OnlyForNow said:

---

That's 12 years of experience working around TxDOT and other municipality projects as well as private enterprise projects.

In reality, it's 50/50. Experience and what I would want. What to expect? You're only gonna get **** you ask for

---

Very helpful....thanks very much!

It won't be TxDOT who will be paying, it will be the contractor and or their liquidated damages clause that pays.

But you're right if TxDOT was writing the check it will be limited, it being a hired 3rd party contractor is good in this case.

OnlyForNow said:

---

It won't be TxDOT who will be paying, it will be the contractor and or their liquidated damages clause that pays.

But you're right if TxDOT was writing the check it will be limited, it being a hired 3rd party contractor is good in this case.

---

I want to thank everyone again for all the advice and thoughts. Spoke with our condemnation attorney handling a building we own in Houston that is being condemned as part of I-45 expansion. He explained the inverse condemnation process in Texas. We are going down the path of first seeking a quick resolution of damages with TxDOT before moving forward with an inverse condemnation lawsuit and associated legal and expert costs. We'll see where it goes....could take a few years as these things often do.

Thanks again.

I think you should be saying contractor and subcontractor

Either way, good news

Quick Update:

TLDR: victory for the good guys issued by Texas Supreme Court today. Appreciate all the thoughts from the OB when this first happened back in 2020.

I had just checked last Friday and didn't see it yet. Sounds like a great outcome and I look forward to reading it.

Final update for those that have followed over the last five years:

- favorable Texas Supreme Court ruling about 18 months ago…bit of a landmark case already cited in over 50 other cases.

- jury trial scheduled for 2026 to decide damages on inverse condemnation

- recently reached settlement amount in mediation….damages paid by Txdot, and the insurance companies of the the contractor and subcontractor

Thanks again to the OB for all the advice five years ago and referrals.