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Wrongful Death and Personal Injury

Someone has been injured. Perhaps, someone has been killed and somebody seeks justice. Whether a defendant or plaintiff, someone has come to you for justice.

With all of your expertise as a top litigator, with all of your experience with matter of negligence, you need an expert who knows the vast intricacies of tree and plant workings. You need to know why something failed in part or in whole. Whether the failure is related to structural integrity issues, you need to know cause and effect. You need to base your case on duty. But of all the knowledge you seek, the cornerstone of your case rest upon the honor, integrity and character of the expert.

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Eminent Domain

…”nor shall private property be taken for public use, without just compensation “.  The Bill of Rights, article 5 states just how important if not crucial a Taking of property is in the United States.  Condemnation is one component in the foundation that formed the frame work of our constitution.

Property is taken in a courtroom setting.  Everyone involved has representation.  All are heard.  This is the deep end of seriousness.  Now and then the Taking is stopped.  But rarely.  So, the matter boils down to just compensation.  It’s about the attempt of both sides, the condenée and the condemner, to arrive at what just compensation is.  The problem comes in when emphasis attaches itself to the individual prospective of those involved.

There are abuses on both sides as sometimes professionals get railed onto an opinion that oversteps the outside boundary of reasonableness from others.  There are team meetings.  Attorneys talk to each other in an effort to finalize the matter.  Numbers are discussed.  Experts are identified on both sides.  Mediation takes place.  Maybe depositions.  Strengths and weaker points of opinion are identified.  More talk between attorneys.  More numbers discussed.  Property owners come down in their number and condemning authorities go up with their numbers.  Sometimes the numbers just don’t work for one side.  Court. Jury. Decision.

While not the most eloquently posted description of eminent domain, the meaning of it all is described in bare-bone fashion.  It’s what happens.  It’s what happens along the way that7 matters.  And the expert has a role in that journey.

It has been my pleasure and privilege to work in this august profession.  My 50 years of knowledge in the field of plants and trees lent itself to the ability to maintain both trust and respect in representing both the property owner and the condemning authority almost equally; 50/50 representation.  This culmination of good gifts has enabled me to participate as an expert in over 700 legal Takings and legal plant and tree appraisal cases.  I have successfully appraised over 100 plant and tree nurseries.  I am humbled to be president of the Association of Eminent Domain Professionals and the founding president of the Florida Chapter, International Society of Arboriculture.  The state of Florida has awarded me a provider number to educate landscape architects on tree and plant issues.  I am also an educational speaker and provider of continuing education for arborists and have presented at over 90 international, national and state conferences.  I authored Rule chapter 14-40 of the Florida statutes providing a formula to appraise the value of trees in Florida.  I hold an intellectual copy write on the formula to appraise the value of a tree for its lost forestry functions.

I do look forward to discussing your case with you and perhaps contribute to the outcome.  You are always welcome to give me a call on my mobile phone:  727-410-5797.

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Areas of Expertise

Appraised Value of Trees and Landscapes

Tree appraisals are in high demand.  Determining a tree or plant’s value is often at the center of legal disputes arising from a weather event, insurance claims or a matter of eminent domain.

Nursery Assessments and Appraisals

Nursery assessments whither for eminent domain, product liability, divorce, loans, or any type of casualty loss are the Gold Standard of Arboriculture.

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Fertilizer Foibles

One of the things that we all do but know little about is fertilizing.  Whether we apply or specify it, we pretty much don’t know what we’re doing.  Yes, we understand the local laws and ordinances which govern fertilizer applications.  We have heard or are tangentially aware that runoff is killing our eco system and environment.  We have perused or glanced at the Best Management Practices for fertilizing, and are at least (hopefully) aware of the fact that ANSI A-300, Part 2 has a complete standard written about fertilization.  But we don’t get it.

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CAVEAT EMPTOR – AND OTHER MARKETPLACE NEWS

Have you ever heard the name Donna Massie?  How about Tom McCrum?  The former holds the dubious distinction of having identified the very first Asian long-horned beetle (ALB) in Worchester, Mass.  Already 1,800 trees have been tagged for removal on 62 square miles surrounding Worcester and four neighboring towns.  Tom McCrum is with the Massachusetts Maple Syrup Association and joins economists and politicians in the nightmare scenario that would follow into the tourism and timber industry if the ALB encroached further from its current foothold.  Approximately $268 million has been spent on eradication efforts during the last eleven years.

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Our Mission is to provide our clients with the latest researched-backed information regarding tree issues while offering, the finest professional services for dispute resolution assignments.


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