You are allowed to trim the tree on your land in a way that the tree is not damaged. SECTION 3344-3346. (a) Any person whose signature is used in violation of, and any candidate for elective office whose election or defeat is expressly advocated in any campaign advertisement that violates, subdivision (b) of Section 115.1 of the Penal Code, shall have a civil … In 2017, the Court of Appeal explained even further that: “The measure of damages to be doubled or trebled under Code of Civil Procedure sections 733 and Civil Code section 3346 is not limited to the value of the timber or the damage to the trees. There is no California case in which section 3346 of the Civil Code has been applied to the negligent spreading of a fire, and we have found no case determining that such spreading is a trespass. Read this complete California Code, Civil Code - CIV § 834 on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system . ; Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. This ruling on the application of section 3346, builds upon the California Supreme Court’s recent ruling in Scholes v. ; Probable cause: A reasonable ground for belief that the offender violated a specific law. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Penal Damages [3344 - 3346] ( Article 3 enacted 1872. ) For wrongful injuries to timber, trees, or underwood upon the land of another, or removal thereof, the measure of dama (Civil Code Section 3346). Significantly, the appellate ruling clarifies that physical trespass onto the land of another is necessary to trigger damages under Civil Code section 3346. Terms Used In California Civil Code 3346. For more detailed codes research information, including annotations and citations, please visit Westlaw . 3344.5. Prior History: Former Civil Code § 3346, enacted in 1872 codification of Civil Code and derived from Field’s Draft of the New York Civil Code, § 1871 Current: Reenacted: 1957, c. 2346 Amended: no subsequent amendments thus far. Tracing Statutory Language: In Metropolitan Water District v. Campus Crusade for Christ (2005), the California Court of Appeal ruled that the amount of damages to be awarded to a landowner whose trees were destroyed was the diminution in value of the property caused by the tree trimming, not the replacement cost of the trees. California Civil Code section 3346 considers the encroachment of branches and roots onto your property to be a nuisance. Code Section. As discussed in our article on nuisance, property owners have certain duties to maintain and utilize their property so that it does not constitute a nuisance for either other property owners nearby or the public. california civil code section 3346. 3344. Two bills affected this section.
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