Litigating the Garden of Eden

September 20, 2021

Can you imagine litigating the Garden of Eden? There were enough issues and problems that Adam and Eve had regarding the protected fruit in the Garden of Eden. Fortunately for them and all concerned, no attorneys were involved in the population mix of individuals considering the consumption of produce in the Garden. The lure of […]

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Comparable Pricing: Separating Winners from Losers in the Marketplace

August 17, 2021

The single most misunderstood component of appraisals is comparable pricing. It is not discussed in any featured manner or industry publications or presented at seminars or workshops. The lack of knowledge regarding the subject matter has led to more professional failures when appraising than any other single component. Conversely, comparable pricing is responsible for the […]

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Why Does a Tree Fall?

July 9, 2021

Why does a tree fall? After the hustle and bustle of determining legal positioning in a wrongful death or personal injury matter regarding tree failures, this question inevitably comes up. Could the failure have been predicted within a reasonable amount of certainty before the incident occurred? Were the defects open and obvious? Were the defects […]

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Insurance Claims and Trends

June 30, 2021

Perhaps it is just me, but there seems to be a greater number of claims without merit occurring than typically is seen in the marketplace. You know, the claimant is being what appears to be less than honest. I have noted a substantial uptick in claims like this recently. As many claims agents already are […]

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New Tree Species and Varieties

May 6, 2021

New Tree Species and Varieties. Coming to Your Town Soon. The World Tree Organization (WTO) has just released three new species of trees permitted to be grown in cities and private landscapes. This much-awaited list came at the expense of many who wanted more ornamental varieties introduced to the landscape. Frederick Birch, president of the […]

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Eminent Domain: No strikes. You’re out!

May 5, 2021

Eminent Domain: No strikes. You’re out! Imagine if you are possibly able to do so, you are opening the day’s mail. Hmm. Here is a unique-looking envelope from the State Department of Transportation. What in the world could this possibly be? What would the Transportation Department want with me? You read the letter in utter […]

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Insurance Claims for My Review

April 26, 2021

I am most fortunate as an arborist to accept a large number of insurance claims for my review and comment. Sometimes I find myself across from the insurance companies. In this matter, an insurance company had refused a claim for approximately $88,000. An 18-wheeler had crossed the road and destroyed the front rows of a […]

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Rules for Working the Streets

February 6, 2021

Did you know there are rules for working the streets? There are very few things we are good at doing. We may well list a long litany of our areas of expertise, but we must always remember that true expertise is knowing more and more about less and less. And so it came to pass […]

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Trees and Neighbors

January 31, 2021

When talking about trees and neighbors, most diligent arborists are aware of what self-help means. Self-help is the only available option when managing an uncooperative neighbor whose tree is encroaching onto or into an adjoining property owner’s land. Of course, it is incumbent upon each of us to attempt a mutual agreement between two neighbors […]

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Species Profiling

January 7, 2021

We are all aware that racial profiling ranks high in news and in social awareness but can species profiling be an issue with arboriculture and the courts? This question came to bear in a recent insurance company assignment I had regarding the failure of a Water oak (Quercus nigra) when a part of the subject […]

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