one major branch stem has been broken off
driving on the road, can’t afford to hurt, run into trees, also have to make the spirit of an extremely well.
yesterday, weibo a & other; Wenzhou truck knocked down one tree, the villagers claim 2 million yuan & throughout; Message, let many people sent the exclamation.
what kind of trees, is going to cost so much money? Ancient tree was hit, why the villagers to claim? How to deal with stretch?
van broke one hundred ancient
villagers in someone shouted out 2 million compensation
it happened on the day before yesterday at noon, more than 11 points, wenzhou shacheng street cang ning village, a marked & other; Wenzhou shun scale speed transport co., LTD. Yueqing branch & throughout; Words van, will the middle broken off one individual plant one hundred trees by the roadside.
the tree hung a 2003 nameplate: zhejiang fomous trees BaoHuPai, sessile, flocculus banyan tree in 100. Tree roots, there is a small hut, put incense.
75 – year – old villager chapter should increase, said more than 100 years ago, in order to be safe, the old man in the village at the village selected location, have 3 banyan tree, this is one of the tree.
the villagers on the tree have feelings, also very love at ordinary times, in order to facilitate its growth, and even the villagers guo-hua huang transform his house next to live in, for the tree growth to move out of the space.
journalists access to relevant information, found that more than 100 sessile flocculus banyan, in wenzhou has more than 760 trees. In 1985, sessile flocculus banyan is classified as wenzhou tree.
this matter as to claim 2 million yuan, the village, head of the association of the old man a explanation, after the incident, many old people still hope to be able to revive the tree in the village, if can’t save lives, consider the compensation. Shoizumi village next door, a few years ago and there was a tree was hit in one hundred, later being paid 800000, as a result, people put forward the number 2 million, think this is a replacement.
for the above statement, the relevant person in charge of agriculture office Hu Guo shacheng street, 2 million claim, should only be the villagers use at the scene, ancient specific value, to evaluate before knows for sure. & other; After the tree was hit, concerned expert on trees and other Rescue & throughout; , half were broken off already can’t save, can only try to save the other half. Throughout the &; Hu Guo said.
fell trees really worth
forestry experts found in the early 350000 s
the relevant person in charge of forestry technology popularization in wenzhou station Li Keen introduction, fomous trees evaluation aspects, at present the country has not issued any specific standards, some places on its own formulate relevant regulations, but also in wenzhou.
a few years ago, Li Keen participated in a fomous trees on local resources evaluation and protection of research topic, fomous trees calculation value, will consider tree age, the growth trend and the location is good or not, and many other links.
one of the basic value, fomous trees by the value of tree species, multiplied by the fomous trees growing potential value coefficient, the old value adjustment coefficient and the coefficient of trees location value, coupled with the maintenance and management of the actual input, etc.
at the beginning of 2008, wenzhou downtown tree canopy square one individual plant in 203, diameter at breast height 250 cm, on average, the crown 32 meters, thrive sessile flocculus banyan, evaluation value 1.66 million yuan, or can be used as a reference.
according to the data provided by the Hu Guo, the damage of ancient trees, tree age, 100 years, tree height 7.5 meters, diameter at breast height 65 centimeters, the crown more than six meters.
if you refer to the above formula, the claim 2 million yuan artificially high obviously too much.
however, Li Keen said, the research achievements of this subject, after did not post and other forms of government departments, is now only as a reference.
in addition, the preliminary estimate, the experts from experience that the market value of the old tree, can be controlled in 350000 yuan. & other; But the identification of specific, specialized institutions. Throughout the &; Hu Guo told reporters.
compensation to the village or the forestry sector
this problem hasn’t finalized
the traffic police department said, although it is not the final accident responsibility identification, but look from the field situation, should be a single accident, the truck should bear full responsibility for the accident, a compensation deal with the damaged trees.
accident with basic clear, but the question is, who shall have the right to get compensation?
age business law firm would think Chen, zhejiang province, the ownership of the fomous trees, at present our country related legal no clear rules, where ancient village, the villagers and the village committee and so on, if there is evidence that belongs to all of its ancient trees or by its protection management, negotiation and may become the subject of compensation.
there is also a net friend, as a kind of state protection of cultural relics, ancient trees owners should be national, ancient tree was damaged, should claim by the competent department of forestry or cultural relics, rather than of any claim by the village.
Hu Guo said, now the villagers, money can not to, but the tree to return, & other; Question is like this tree, it is estimated that money can’t buy. Throughout the &; And the party’s attitude, & other; They don’t want to settle, said can walk legal avenues. Throughout the &;
Li Keen said, at present the fomous trees involves damage compensation cases, mainly to solve negotiation model, from the aspects of economic, ecological and landscape value, by the related departments to mediate.
yesterday, the truck the relevant person in charge of the company of affiliation, commented on the matter is simple: & other; Wait for relevant departments to coordinate the results & throughout; . As to whether the insurance compensation, etc., the head also don’t want to say more.
tree crashed, the insurance company compensation with precedent
as early as in 2007, Beijing vallely there was a similar accident. On August 31, 2007, Yang truck to the miaofeng mountains will Chen Guzhuang old tree knocked down, the border village of the tree is the national secondary pagoda tree.
Yang is leading the village committee, 360000 yuan for compensation claim to insurance company, insurance company agreed to pay 200000 yuan only. Later, Yang to court, requires insurance companies to pay compensation of $300000.
insurance company thinks, as a kind of state protection of cultural relics, ancient trees owners should be national, rather than of any claim by the village committee. Think about the compensation, insurance company, insurance amount is 300000 yuan, excluding 5% franchise fees, only 280000 yuan for compensation.
owner Yang agree with insurance companies, also argues that the provisions of the state of ancient trees belonging is unknown.
vallely court, the first-instance judgment on the owner Yang insurance more than 280000 yuan.