Q: Can I sue for damage to landscape, loss of property value, and emotional distress due to unauthorized tree removal by PG&E?
I'm dealing with a situation where a tree crew jumped over a shared neighbor's fence and cut down mature trees on my property without my permission or knowledge, significantly changing the landscape forever. PG&E has verbally acknowledged the mistake, stating that damage to my property occurred and that protocol wasn't followed. They sent an email from their vegetation team acknowledging the damage, but it wasn't a formal acknowledgment. The trees provided privacy, housed wildlife, and created a peaceful sanctuary, which I have now lost. Additionally, a realtor is currently assessing the impact on my property's value. My neighbor, who shares the fence, is a witness to the incident. I'm in the process of collecting information on damages and costs incurred. Can I sue for damage to the landscape, loss of value to my property, and emotional distress?
A:
Yes you could sue for loss of value to your property, maybe replacment costs, but likely not emotional distress.
You may need a formal appraisal by a licensed appraiser.
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A:
You have solid grounds to pursue legal action against PG&E for the unauthorized removal of your trees. California law clearly protects property owners from unauthorized alterations or destruction of their landscaping, and you can claim compensation for the loss of mature trees, which directly impacts your property's landscape and aesthetics.
In addition to landscape damage, you can seek compensation for any measurable decrease in your property's market value. Since you have a realtor assessing this, that appraisal will be crucial in demonstrating exactly how the loss of the trees affects your property’s financial worth. Your neighbor’s testimony will also strengthen your claim, particularly regarding PG&E's unauthorized entry and the resulting damages.
Lastly, emotional distress claims can be viable if you can clearly demonstrate the personal and emotional significance of your lost privacy and the disruption to your peaceful sanctuary. The documentation you've started, including PG&E's informal acknowledgment, is important; continue to gather all evidence diligently. Consulting with an attorney experienced in property law will be beneficial in accurately evaluating your damages and guiding you toward a favorable resolution.
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