Product Liability

PM Product Liability

…”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.

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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Of Trends, Science and Chickens

Trends are fascinating and exhilarating phenomena.  They allow pundits the opportunity to pontificate upon things which may never happen but are nonetheless given great credence due to the expertise of the pontificator.  Trends tend to focus on the minutia of a far greater whole, and more likely than not are short-lived.  Trends are fun to watch and a delight to participate in.  Trends define goals and give us hope to better ourselves and our communities. We want to become a trendsetter due to its elitism and social stature.  We want to follow trendsetters because there’s safety in numbers.  But lurking in the hallowed halls of this intermittent euphoria lays danger.  Nothing can disappear quicker than Elvis Presley sideburns then to follow a trend and ignore the science behind it.

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