Posted on 05/09/2019 3:19:38 AM PDT by ETL
A judge ordered a Northern California couple this week to pay nearly $600,000 for uprooting an almost 200-year-old oak tree from their property that was protected under a conservation easement.
Peter and Toni Thompson removed the 180-year-old heritage oak tree to move it to another home they built adjacent to the property. More than 3,000 cubic yards of dirt was also removed in the process.
The tree, two others they removed and a dozen others along a previously undisturbed path they bulldozed died, along with surrounding vegetation.
The Sonoma County Superior Judge sided with the Sonoma Land Trust, saying the Thompsons knowingly violated the conservation deal and said they demonstrated “arrogance” and “disregard” over the terms of the easement.
The fine of $586,000 will go toward environmental restoration on the property.
The couple, who decided to sell their estate for $8.45 million after the ruling, are seeking a new trial, reasoning their attorney could not properly represent them for personal reasons.
(Excerpt) Read more at foxnews.com ...
Your view recognizes our mortal nature in the face of God's creation. Don't expect everyone here at Free Republic to get that.
Multiple trees they had transplanted, died.
Don’t tell anyone about this or it will start an argument! https://www.youtube.com/watch?v=BFTj0hM3DHM
There is always some that it can’t be done and then someone does it!
Good question, sir.
A pre-existing conservation contract, which they accepted in the purchase of the property, stipulated conditions which required retention of the woodlands unaltered.
LOL
You summarized it pretty well.
Takes a special kind of stupid to do something like this. More money than sense as well.
If the tree was 185 years old, then it was planted in 1834.
Federal Government in 1834
I saw a title claim once once where a conservation easement was not disclosed nor excluded on the title report.
Excellent!!!
I think VTenigma covers that very well in #29.
And in that case, should the owner get hit with a fine for violating it, the title company that did that work would be legally liable.. This is why you buy TITLE INSURANCE... The property owner, can sue the Title Company for failing to find it and disclose it.
Sorry, but if the easement was on the property when the owners bought it, they don’t have an out... They bought the property with this easement on it.
If the company doing the Title Search did not find this they screwed up, and they can now be sued to by the homeowner.
I highly doubt this is the case here.
I have friends who had a 100ft Redwood in their front yard.
They finally moved as there was nothing they could do about this 5’ diameter post in their front yard.
Probably, especially as they later sold the property.
A similar Miami-Dade County protection was extended to a deceased neighbor's property to save their native-plant gardens.
Remember the California judge who beat a similar tree charge where, to improve his view, he cut down several Redwood trees on California State property, then sold his spread, making many thou$ands ?
Likely if it was “planted” it was done by a squirrel. Best guess an acorn just fell on the ground and got covered up...
Lol! How about then, "began its life...", "came into being...", "was born...".
Heresy! You do not worship Gaia. You do not worship the trees. You do not believe in Anthropogenic Climate Change. You are hereby banished from the Soviet Socialized State of California.
/s
* Began growing about 550 AD
* Cut in 1891
* Tree was 331 ft tall and was growing in what is now Kings Canyon National Park.
* The trunk diameter was 90ft at the base. This section was taken 12 ft from the base.
* Contains 1342 annual rings, measures 16’ 5” across.
* Weight: 9 tonnes.
_________________________________________
"Began growing about 550 AD"
_________________________________________
_________________________________________
From Wikipedia...
537 AD: Battle of Camlann, final battle of legendary King Arthur.
541–542 AD: First pandemic of bubonic plague (Plague of Justinian) hits Constantinople and the rest of Byzantine Empire.
543/544 AD: One of Justinian’s edict leads to the Three-Chapter Controversy
545 AD: Nubian Kingdom of Nobatia converts to Christianity.
Mid-6th century – Cassiodorus founds a cenobitic monastery and scriptorium at Vivarium in Italy
Mid-6th century – Buddhist Jataka stories are translated into Persian by order of the Zoroastrian king Khosrau.
Mid-6th century – Cave-Temple of Shiva at Elephanta Caves, Maharashtra, India, is built. Post-Gupta period.
Mid-6th century – Eternal Shiva, rock-cut relief in the Cave-Temple of Shiva at Elephanta Caves, is made
Second half of 6th century – Virgin and Child with Saints and Angels, icon, is made. It is now kept at Saint Catherine’s Monastery, Egypt.
550 AD: Kingdom of Funan dies out.
551 AD: Bumin Khagan founded the Turkic Khaganate in the Central Asia
552 AD: Buddhism introduced to Japan from Baekje during the Asuka period.
553 AD: Second Council of Constantinople
554 AD: Eviction of the Ostrogoths from Rome, and the re-unification of all Italy under Byzantine rule.
561 to 592 AD: Buddhist monk Jnanagupta translates 39 sutras from Sanskrit to Chinese.
563 AD: The monastery on Iona is founded by St. Columba.
566 AD: Birth of Li Yuan, founder of the Tang Dynasty and Emperor of China under the name of Gaozu (618-626)
568 AD: Lombards invade Italy and establish a federation of dukedoms under a king.
569 AD: Nubian kingdom of Alodia converts to Christianity.
569 AD: Nubian kingdom of Makuria converts to Christianity.
--wikipedia
I think the only relevant question is did they save enough on taxes from the easement (and make enough on the house) over the years to still make a profit after the fine.
If so, then it was worth it to try to move the tree if they liked it.
If not then it was pretty dumb. UNLESS the loss is small enough to be worth thumbing their nose at the environazis.
(”Restrict my land usage, I’ll kill your damn trees!”)
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