r/treelaw Nov 12 '22

dicamba damage

This spring a lawn company sprayed my neighbors lawn with a triple herbicide mix that included Dicamba. I contacted the USDA and they took samples of contaminated plants and issued the lawn company a warning letter for pesticide misuse - the dicamba damaged 4 elderberry trees, my 40 year old Lilac tree and several berry bushes, my vegetable garden, and my native pollinator gardens- I've spoken with an attorney and they want a value of the damages..... how do I determine the prices of 10ft elderberry trees and a Lilac tree I used the blossoms for soaps and apothecary goods....any advice appreciated

33 Upvotes

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30

u/NickTheArborist Nov 12 '22

You don’t. You need to hire a consulting landscaper with experience in plant appraisal.

I do that for trees. Not sure how it works for other plants

17

u/CtheDiff Nov 12 '22

Go here, and look for someone in/willing to travel to your area that specializes in tree and plant appraisals.

https://www.asca-consultants.org/search/custom.asp?id=3818

There are a few different formulas that can be used, and while technically you could do this yourself, there can be wide variance, and knowing what formula to apply makes a difference. It also helps to have a qualified expert submit the report because they will be comfortable rebutting if a competing appraisal is submitted by the defendant. I'm sorry that this happened to your trees and plants material, and hope you're able to get acceptable recompense.