Actions have consequences. As the trees were on private property, did the property owners know the laws and protection status when they bought the property? Was it noted when they got building permits? And, regarding those, did they include removal of the trees? I bet they buried them because they knew it was wrong to dig them up, surprised they did this during the day.
“I bet they buried them because they knew it was wrong to dig them up, surprised they did this during the day.”
I completely agree with the first part. Hard to plead ignorance.
On the second part, having the backhoe running at night invites curiosity. During the day more people are at work(at least used to be). A better approach might have been to remove one or two every week or month and not to remove so many. I can’t blame the neighbors.
Same thing as having to protect the root zone of live oaks in california when doing construction. They knew the rules and took their chances... and lost.
We can be certain that the Deed specifies, "...and new Owner shall not unlawfully change the nature of the land, and its appurtenances, or alter its appearance..."
Couldn't ask for anything clearer than that!
Regards,
More than likely they got the land dirt cheap in the first place because of the abundance of trees. It’s certainly something a realtor would point out, either onsite or via photos for absentee buyers.
Yucca Valley has long required full disclosure and a permit for “removal, relocation or trimming of Joshua trees and other native plant species.” You even need a permit if a tree falls over naturally: “...under current rules, if a Joshua tree falls in someone’s driveway, the resident must go to town hall and receive a permit before it can be removed, to ensure the tree fell naturally.”. So even if the person claimed ignorance of the 2020 Law, there was still standing local ordinances prior to the 2020 law, including prohibiting mechanized land clearing within 6-40feet of a Joshua Tree, depending on size. The 2020 protection law was a result of 43,000 acres of joshua trees burning in the Dome Fire - in all the California papers as was the petition and subsequent law.
For any RE purchase, it is the buyer’s responsibility to do his due diligence on local, county and state codes - i.e., when in doubt and especially if new to the area - ask! Down the highway from the Joshua Tree Visitor’s Center, in a town that celebrates Joshua Trees, it’s hard to believe they were ignorant. They either figured in a small town of mostly poor folk they could do what they wanted, or they were so arrogant they figured they’d pay the fine and get what they wanted.
town’s previous ordinance mentioned here:
https://cronkitenews.azpbs.org/2020/07/30/joshua-trees-climate-change-protection/
map search for Prescott Ave, Yucca Valley, CA 92284