The following is not meant to be legal advice.
Would a property be diminish in value if oak trees on private property are cut down? Are damages in the form of restoration of the trees reasonable if the cost of replacement would be worth more than what the whole property is worth?
If it is determined that a plaintiff has personal reasons for restoring property to its original condition, and such restoration could be achieved at a cost that is not unreasonable in relation to the damage inflicted and the value of the land prior to the damages, plaintiff may be awarded restoration costs.
According to California Civil Code Section 3333, the measure of damages for tortious injury to property is the amount which will compensate for all the detriment proximately caused. As to restoration awards, courts usually do not allow costs of restoration if they exceed the diminution in the value of the property prior to the injury. Compensatory damages are to make an injured party whole, but no more than that.
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