# Isaac uprooted huge Pecan tree.



## hweaver (Sep 3, 2012)

I live in New Orleans LA and have a HUGE (8-10 ft diameter??) old (decades) pecan tree in my yard that was uprooted as a result of Hurricane Isaac. I LOVED this tree. If it can be sold to help me and my neighbors (the canopy is currently in 4 yards) pay for clean up and property repair that would be great. However, my main concern is that I hate to think of it simply being chopped up in to mulch. Any information or suggestions you can share would be greatly appreciated.


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## woodnthings (Jan 24, 2009)

*it's your tree...right?*

Then you are responsible for the clean up. The neighbors can voluntarily clean up the mess in their yards, but the wood belongs to you unless you give it to them. I went to court over such an incident, so that's what happened to me.
You can possibly hire a forestry expert with a portable sawmill to make lumber from the tree OR they can pay you for the tree as it sits on the ground. I would NOT pay someone to cut it up and haul it away unless the wood itself has no value as lumber, but I would doubt that. 
Can you post a photo of the tree?
Contact a local newspaper to come and make a story of the tree and then you will have some publicity to help get the wood sold.

That size tree will be a problem for almost any saw mill owner unless they are very experienced and have large equipment.
Such a shame to lose one like that. :yes:


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## rrbrown (Feb 15, 2009)

woodnthings said:


> Then you are responsible for the clean up. The neighbors can voluntarily clean up the mess in their yards, but the wood belongs to you unless you give it to them. I went to court over such an incident, so that's what happened to me.


At the same time if it's his tree and wood then he is responsible for any damage it caused to there property. 

I had neighbors that planted large azalea bushes on the property line. They let poison ivy grow all over the fence and those bushes. They were older people but thi stretched over a 100' and in the front where I parked the bushes were growing into my driveway. I had young kids at the time and all of us except the wife were allergic to it. I'm really bad with it. Anyway I asked if they would please trim it and have someone get rid of the poison ivy since it started in there back yard. I explained the situation and was as nice as I could be. However as I said the were older and really mean people to boot so there response was basically deal with it because it didn't bother them.

After a few more request I had enough. My wife pulled all the poison ivy down and I took a chainsaw to the shrubs. Anything on my side was cut off which left 1/2 a shrub since I cut them right down the middle in most cases. I never touched anything but what was on my side of the fence. They called the police which sided with me, they threatened to get a lawyer but I guess was told that they could do nothing about it. 

So just because it was his tree it could still be there wood and he could be responsible. Now most neighbors get along with each other especially here in the south and even more so in the New Orleans area. Throw in a storm and there should be no problems.

I do agree with Bill on the size of the tree being a problem. The other problem is profiteering. They have so much work right now the cost of tree removal is outrages. Normally he may get a sawmill to take the tree but now I seriously doubt it. I'm guessing insurance would cover it but unless you have other damage and low deductibles it may not be worth it.

After Hugo I was on the recovery team cutting trees 18 hrs a day with 20 saws. We sharpened them every night. 2 weeks and we hardly put a dent in the trees just in the streets and power line area. We were not allowed to cut trees on private property. However we over heard a tree guy price gouging an elderly woman. 5k to cut a tree off Her house. It ardly damaged the roof and wasn't that big of a tree either. I asked my Lt to take a walk for a little while and we removed the tree free of charge. Should have kicked his price gouging a$$ also but we didn't. 


Good luck with it. We have someone offering large pecan trees to our turning club if we go get it. I just read a notice on that one a few minutes ago.


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## Itchytoe (Dec 17, 2011)

A tree falling due to a hurricane is considered an act of god. You are responsible for whatever portions are on your property. Your neighbors are responsible for whatever portions are on their property. Ownership of the tree can be established by digging around in your state's past legal suites. Normally, if the neighbors clean up what's in their yard, the parts of the tree that are in their yard then belong to them and you have no claim to it. If you clean everything up, then it all belongs to you. Ownership prior to the act of god does not dictate current ownership. Just because it was your tree doesn't mean that you can restrict someone else from cleaning up their yard and doing whatever they want with the remains. You also don't have the right to trespass on their property to try and clean up the tree. Think of the kid who hits a baseball in the neighbor's back yard. The kid has to ask for permission to go get his/her ball.

Normally if your tree falls on someone else's property, nobody will object to you cleaning up the tree and doing whatever you want with it. Also, if they clean up their property, the tree's original owner (you in this case) won't object to someone else cleaning up their yard and doing what they want with sections they clean. If you want the whole tree, I would advise talking to your neighbors ASAP. If they would rather clean it up themselves and not wait until you find a portable sawmill to clean it up, don't object. Let them clean up their property. You can always request that they toss the pieces onto your property for disposal. I doubt they will object.


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## TomC (Oct 27, 2008)

rrbrown said:


> At the same time if it's his tree and wood then he is responsible for any damage it caused to there property.
> 
> I had neighbors that planted large azalea bushes on the property line. They let poison ivy grow all over the fence and those bushes. They were older people but thi stretched over a 100' and in the front where I parked the bushes were growing into my driveway. I had young kids at the time and all of us except the wife were allergic to it. I'm really bad with it. Anyway I asked if they would please trim it and have someone get rid of the poison ivy since it started in there back yard. I explained the situation and was as nice as I could be. However as I said the were older and really mean people to boot so there response was basically deal with it because it didn't bother them.
> 
> ...


I always heard that if a tree came down due to an act of god then it did not matter whose property it was on. Each individual insurance took care of it. If you cut one down and it feel on someone else's property then you are responsible. Also, if the tree is dead and you did not get it taken care of in a reasonable time the other insurance company may sue you for the damages (assuming it fell on your neighbors property).I may be wrong but that is my understanding.
Tom


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## BigJoe16 (Feb 20, 2012)

We would love to see some pictures of the tree. Espiccallly with it being so big.


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## rrbrown (Feb 15, 2009)

TomC said:


> I always heard that if a tree came down due to an act of god then it did not matter whose property it was on. Each individual insurance took care of it. If you cut one down and it feel on someone else's property then you are responsible. Also, if the tree is dead and you did not get it taken care of in a reasonable time the other insurance company may sue you for the damages (assuming it fell on your neighbors property).I may be wrong but that is my understanding.
> Tom


As much as that makes sense it doesn't at the same time. If I choose not to have trees or a certain type of tree because of the risk why should my insurance pay if my neighbor chooses to have those trees and take that risk. 

Pine trees are notorious for breaking and falling on houses. So that is one type of tree I would not want and if my neighbor as plenty of them then e assumes the risk. Especially if houses are as close together as they are in the New Orleans area. My lot in St Bernard was 70x70 with a 3200 sq ft house on it. I use to tell the kids don't run to fast out the back door because you might hit the fence. My house was bigger then most but planting trees on such small lots would have risk that the owner should assume. Where I live now my lot is 82x200 which I like allot more.

As I said I'm not sure who is right since neither of us are lawyers. :thumbsup:


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## aardvark (Sep 29, 2011)

I think you are giving legal advice but the real question is how he can make money on a pecan tree with a large diameter.
Might I suggest the question be directed to the "Milling" section.


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## matt woodwork (Sep 1, 2012)

Where does the tree lie in relation to other things ie road and buildings and stuff you could turn it into some thing for the local community like a bus shelter or a work of art . Look at it rub ya chin and hit into it with a saw?


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## rrbrown (Feb 15, 2009)

aardvark said:


> I think you are giving legal advice but the real question is how he can make money on a pecan tree with a large diameter.
> Might I suggest the question be directed to the "Milling" section.


Your right about the question and I will look into the moving the post. However as I stated I think the problem is in the cause of the tree being down. If you have hundreds of trees down and people are paying for there removal then it will be hard to ake money when everyone else is paying money. It's the supply and demand thing.

Best bet is to look for a saw mill and ask. If he can Waite a little while it may slow down some and benefit him..


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## aardvark (Sep 29, 2011)

Intent wasn't to interfere with the run of posts, but best serve the poster (who has not been on since his first post)


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## rrbrown (Feb 15, 2009)

aardvark said:


> Intent wasn't to interfere with the run of posts, but best serve the poster (who has not been on since his first post)


I know what you intent was and I did move it. As for the OP he was new and who knows.


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## aardvark (Sep 29, 2011)

Thanks. I hope the original poster returns. The folks in this section will give him definite answers and maybe he will find someone semi-local here to work with.


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## Tom the Sawyer (Sep 4, 2012)

*Isaac uprooted huge pecan tree*

hweaver,

From a portable sawmiller's perspective. If you try to find someone with a portable mill to tackle your tree you will find that the dimensions are a significant factor in their decision. Most portable bandsaw mills can not handle logs greater than 36" in diameter without considerable additional work. Swing mills are able to handle logs up to about 60" diameter. Your description of the tree raises a question... the largest pecan recorded in Louisiana was only 5' in diameter. If your tree is 8-10' in circumfrence (rather than diameter) then the diameter is more like 30-38" and within the range that many portable millers might take on. 

You might find someone who would be willing to purchase the log(s) but considering that it is in a residential area and storm stressed, it isn't likely. A residential shade tree has different growth characteristicts than one from the forest and there is a high liklihood that it may have metal or other debris in the log. As you cut it up be very careful, especially around the rootball. They can tilt back up as weight is removed from the tree.

Good luck with your cleanup :smile:


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## Fishinbo (Jul 23, 2012)

I can only hope someone will assist you in your well-meaning intentions ...


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## hweaver (Sep 3, 2012)

Hi, this is the original poster. We are still having problems with power outages in the New Orleans area so I apologize that I have not responded sooner. The insurance company is coming out on Friday. With Hurricane insurance, once a storm is named, the deductible changes to be a % of the amount the home is insured for. As for tree removal, in the instance of a hurricane at least, each homeowners' insurance is responsible for the damage/removal on each property. Join property, such as fences, can either be claimed 100% by one neighbor or the other, or joint claimed at 50% each...all according to our insurance companies. 

rrbrown, you are correct, my neighbors have been wonderful throughout. The tree has been part of the neighborhood longer than any of us. There is no concern or desire to declare ownership or even make a real profit. When I start the claim the person at the call center mentioned looking into selling or donating the wood. Both are wonderful ideas IF feasible. Our intent is to first, not cause any additional damage while removing the tree. We living a block structured neighborhood with all the backyards on the interior of the block. None of us are corner lots so removal will be tricky. Second, if we are able to sell some of the wood to help offset our deductibles and repair costs that would be an added bonus. If not, we're all happy to donate the wood to whomever can benefit from and enjoy it. 

Thank you to everyone for your input. I wish you a dry and quiet remained to Hurricane Season 2012.


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## Shop Dad (May 3, 2011)

Sorry to hear about losing such a magnificent tree. Tom has a really good point that as a residential tree with potential metal and shake (storm stress) some may balk at milling. However, for dealers in large slabs it may be worth their while to send a truck for the trunk. You might look for a hardwood slab dealer within a couple hundred miles. Could you post a photo or two?


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## aardvark (Sep 29, 2011)

The only one to benefit from the donated wood is a mill who will profit. 
It's not good for framing lumber or any use to restore the damages in the neighborhood. It is only good (very good in fact) for woodworkers. Especially with wide / long slabs for tables, and other pieces.

Try and see if a cutter will buy the tree and give you money to help you and your neighbors. It should bring a pretty penny, judging by species and size.


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## hweaver (Sep 3, 2012)

How to I find a mill or cutter? 

I'm also new to this type of forum but will try to get some pictures posted today.


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## hweaver (Sep 3, 2012)

This link should take you to picture of the tree http://isaacpecantree.shutterfly.com/

Thank you again for all of the wonderful advise and support!


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## Shop Dad (May 3, 2011)

hweaver said:


> How to I find a mill or cutter?


Try here: http://www.woodfinder.com/

If you call one and they are not interested ask for a recommendation. Hopefully you will be able to connect with someone who can help you out.


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