132 FOREST VALUATION 



c. That its value for other uses, as park purposes, has been 

 injured. 



He may also instigate a criminal action against the perpetrator 

 provided the trespass is wilful. In case of a logging contract 

 under which the contractor is required to leave trees of certain 

 sizes, constant inspection by the owner, cancellation of the 

 contract, or perhaps a clause requiring payment of double 

 value for forbidden timber is more effectual than damage 

 suits. 



Merchantable timber injured by fire but not killed must be 

 appraised on the basis of its present saleability, and the extent 

 and character of the damage to its sale value. If it can be sold 

 at once, the loss will be measured by deterioration in grade 

 and quantity due to the fire. If it must remain for some years, 

 a further deterioration may be expected as the result of fungi 

 and insects. If this can be measured, it should be allowed. 

 Timber whose sale is necessarily postponed, even if of mer- 

 chantable size, should be valued by the same method as young 

 or immature timber. Its expectation value, as reduced by rot 

 and insects, and not its present sale value, should be the basis 

 of damage. 



141. Damage to Immature Timber: Partial Loss. For 

 reasons given in 138, sale value for immature timber de- 

 stroyed does not compensate the owner, and it rarely happens 

 that the sale value of the property, either before the damage 

 or after it occurs, is a safe index of the damage. Cost of 

 replacement may be used, as suggested in 137. But for 

 timber more than half grown or approaching maturity, capital 

 or expectation value must be the means of approximating the 

 loss in value to the property, and this method should always 

 be used as a check on cost, even for very young stands. 



Where a stand is injured but not killed, the trees will continue 

 to occupy the soil until they reach merchantable size and are 

 cut. The damage to the crop is measured by the loss in value 

 of the timber when cut, traceable to the fire. 



Y = original expected value of timber when cut, 

 V = expected value as reduced by fire damage. 



