injury from Farmers field drift
- Thread starter Joster19
- Start date
below are two photos of the walnuts from this year. seems the trees are springing back growth, but who knows what that stress did to them exactly, has anyone had a similar situation? maybe in which crop insurance paid for the injury?
doesn't seem like full replacement is warranted in this situation...
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doesn't seem like full replacement is warranted in this situation...
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ATH
Been here much more than a while
- Location
- Findlay, Ohio
What were they sprayed with? It has been my observation that there is no promise trees hit with herbicide will come back to full recovery. Unfortunately, sometimes it is a multi-year process. Sometimes they do come back, others they don't.
It is my understanding that 2,4-D Will probably be harder to recover from than glyphosate for example.
Are they his own trees or neighbors trees?
If they are the neighbor's, has department of agriculture been involved? I don't know how every state works, but in Ohio when off target plants are impacted the expectation is that the department of agriculture is notified - even if neighbors resolve it with a handshake in a friendly way...
It is my understanding that 2,4-D Will probably be harder to recover from than glyphosate for example.
Are they his own trees or neighbors trees?
If they are the neighbor's, has department of agriculture been involved? I don't know how every state works, but in Ohio when off target plants are impacted the expectation is that the department of agriculture is notified - even if neighbors resolve it with a handshake in a friendly way...
Thanks for the thoughts! the state just said to reach out to them within 60 days if they need to come out and take a sample to figure out what pesticide it was. The damages are between him and the farmer. He has already been in contact with insurance adjuster who offered to pay for trimming, but that would basically only improve a little aesthetic beauty for the farmer going by in the combine to look at. The branches on that side lost all their tips and now just have a bunch of suckers along the remaining live lengths
In this case, it was Liberty herbicide, glyphosphate that damaged almost all the lateral branches on the west, the field side, of the tree.
4 trees 40 ft tall 9 to 12 in DB (the top of one is damaged) and 3 trees 25 to 30 ft tall. 7-10-in dBH
I'm thinking trees will be more likely to grow lopsided, break earlier in their life span, maybe especially since canopy growth will be most vigorous opposite from prevailing winds. not trying to be overly litigious, but I think there should be a claim beyond just aesthetic trimming. My uncle grows peas for bird's eye, a farmer killed six acres via herbicide drift so they got a settlement from his crop insurance- sounds like these kind of claims happen fairly often, just dealing with long lived organisms rather than 60-90 day rotation crops.
any thoughts on this line of thinking? how to value a tree? add the cost of replanting factor?
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In this case, it was Liberty herbicide, glyphosphate that damaged almost all the lateral branches on the west, the field side, of the tree.
4 trees 40 ft tall 9 to 12 in DB (the top of one is damaged) and 3 trees 25 to 30 ft tall. 7-10-in dBH
I'm thinking trees will be more likely to grow lopsided, break earlier in their life span, maybe especially since canopy growth will be most vigorous opposite from prevailing winds. not trying to be overly litigious, but I think there should be a claim beyond just aesthetic trimming. My uncle grows peas for bird's eye, a farmer killed six acres via herbicide drift so they got a settlement from his crop insurance- sounds like these kind of claims happen fairly often, just dealing with long lived organisms rather than 60-90 day rotation crops.
any thoughts on this line of thinking? how to value a tree? add the cost of replanting factor?
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ATH
Been here much more than a while
- Location
- Findlay, Ohio
If you are doing plant appraisal, I strongly recommend you buy the Guide for Plant Appraisal - 10th Edition, Second Printing.
Unfortunately situations like this can be difficult to get to a value that seems worth anything. Trees in the woods are generally appraised for their timber value. 7"-12" trees have little or no timber value. You can't treat them as a yard tree...they aren't adding the same value to a property that a yard tree does. You could do a reforestation planting (seedlings) then appreciate the value to "grow" the trees to current size. That would also have to include and removal costs.
And that's all assuming they are actually dead. If they are still alive, you have to guess about their viability. I'd guess the herbicide damage is done. But will a stressed tree attract more insects ? (Yes, it will). So do you count that as a full loss? Or, is it more reasonable to estimate the extent of damage and say it's, for example, a 30% loss of value and appraise that???
Not always easy answers.
Unfortunately situations like this can be difficult to get to a value that seems worth anything. Trees in the woods are generally appraised for their timber value. 7"-12" trees have little or no timber value. You can't treat them as a yard tree...they aren't adding the same value to a property that a yard tree does. You could do a reforestation planting (seedlings) then appreciate the value to "grow" the trees to current size. That would also have to include and removal costs.
And that's all assuming they are actually dead. If they are still alive, you have to guess about their viability. I'd guess the herbicide damage is done. But will a stressed tree attract more insects ? (Yes, it will). So do you count that as a full loss? Or, is it more reasonable to estimate the extent of damage and say it's, for example, a 30% loss of value and appraise that???
Not always easy answers.
cerviarborist
Very stable member
- Location
- Florida, USA
OP, Tree Appraisal isn't an arboricultural niche which lends itself to "Earn while you learn". There are multiple appraisal approaches which may apply, and multiple cost to cure approaches. I would respectfully suggest talking to officers in your local ISA chapter to find out who the tree appraisal badass is in your area, and suggest that your client engage them for an initial consultation to gain their perspective. In addition to knowing the salient points for this particular situation, they are probably already aware of tort attorneys qualified to carry the ball in this situation.
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Basswood
Carpal tunnel level member
- Location
- Long island
Curious if anyone has a treatment plan for herbicide damaged trees like this or in general that they have found successful?
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