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Remedies Keyed to Tabb, 8th
Evenson v. Lilley
Citation:
282 P.3d 610 (2012)Facts
The Evensons purchased 160 acres of rural property in Greenwood County in 2002, containing pine trees, fruit trees, grapevines, and other vegetation, along with a utility building, pole barn, and lean-to shed. They leased portions for crops and hay and used the remainder for hunting, camping, and recreation. On April 12, 2006, Tim Lilley, who leased adjacent pastureland, started a controlled burn that escaped his control and spread to the Evensons’ property, destroying approximately 200 trees and all three outbuildings. Lilley stipulated to fault. The Evensons presented evidence from a nursery president estimating replacement costs at $307,999 for trees and $23,500 for new metal buildings. A certified appraiser valued total property damage at only $4,687 plus debris removal costs, noting the property’s limited improvements and lack of utilities. Mark Evenson testified the property was worth $1,000 per acre before the fire and $700 per acre after, but provided no evidence that fruit trees were commercially harvested or that specific trees had unique value.
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