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How do we place value on our deer?

Joined Apr 2009
519 Posts | 1+
Rivesville, WV
This is a question that I have. How do we place value to our deer when something happens to them? This has haunted me for a while. In the Health and Wellness catagory, rider655 just lost his prize fallow buck from an infection caused by a fence insulator in the batch of feed. How do we find a value of this animal to seek restitution?



I have had the same question over me the last few months. Here is my scenerio, and please make comments or suggestions.



In May, the local power company sent a crew to cut the growth on the power line right of way. The power line does cross our property along the road, and does go by our deer pens. The protocol for these crews is to have permission from the land owner before entering the property. I did give them permission to enter and cut, and stated that I needed to be there when it happens to keep the deer calm. The crew showed up as agreed and the right of way was cut. They only cut larger growth and left the briars and bushes untouched. When I inquired about that, they stated that they didn't cut small stuff that wouldn't grow up tall enough to get into the wires. I asked if they were done, and they stated that they were done. They left and nothing else was said or asked.



Then on AUGUST 27, I arrived home from work to find that the crew had showed up again, without my permission or knowledge, to "finish" cutting the briars and bushes that were left from months prior. I was LIVID !! I told them that they refused to cut them earlier in the spring, and they said the power company now wanted them cut. As I entered my pens the deer were totally freaked out. My pen of yearling bucks, most of them IN FULL VELVET, was the worse shape. One buck had a broken tine, not too bad. Another buck, a full white yearling 11 point (Zeus), had one main beam completely ripped out of his head, with part of the skull still attached to the antler. He had blood everwhere. Apparently he had leaped into the fence to escape the intruders outside the pen. He probably would have died in the fence if it weren't for his antler and skull breaking. Pictures attached.



I immediately called and filed a complaint. Then I had to submit a claim to report my damages. This is where I need some advice. I initially valued the animal at $20,000. He is from excellent proven genetics and he is completely white. I valued one semen draw of 100 straws @ $250/straw at $25,000. I also valued my potential loss of fawns at 14 fawns per year, $1000 per fawn and over a three yr period. 14 x $1,000 x 3 = $42,000. Creating a grand totoal of $87,000.00 potential loss of income from this buck. Which I felt could be on the low side. I could have easily had three semen draws and had as much as 420 straws, which semen alone could be valued at $250 x 420 straws = $105,000 (This white buck, Zeus, is a full brother to my huge white buck Morton. Morton scored 168@3 and produced 140 straws as a 1 yr old)



I beleive this buck will have permanent antler damage, therefore hindering his future value. Thus hindering the value of his offspring and semen sales. Who wants to breed with a buck that has crooked antlers or maybe only one antler.



The representatives from the power company did arrive a couple weeks later to investigate the complaint. They did acknowledge that the crew did not have permission to re-enter my property on that day. Now they have processed my complaint to the insurance adjuster. It has now been turned over to an attorney. Can you beleive that I get trespassed on, damages to my livestock, and then apparently I am getting sued. ABSOLUTELY REDICULOUS !! This is the third incident that I have had with these crews over the past 10 years. The first incident found a crew inside my deer pens, "checking out my deer". The second incident found a crew leader, driving through my yard so he could sit next to my deer pens and eat his lunch. I was astounded of the BALLS that it took for these guys to attempt what they did.



This is apparently a major issue for me and I must do what I can to get it stopped. Hitting them in their pockets may be the only way.



Anyone that has any advice or first hand dealing with any problem like this PLEASE, speak up. Do we have any deer farmers that are attorneys?
 

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Jack-what are you being sued for? Makes no sense. If I were you I would put this out into the public as much as I could-news paper articles, radio, etc. If the power company is owned by a CO-OP, I'd be attending their board meetings and make it known that you won't rest until you've been compensated for damages and legal fees. The more fuss you make about it, the more they'll want the issue to go away, possibly settle in arbitration. Holy cow, I'm sorry to hear about all this-people can be so ignorant of private property!
 
Jack- I agree with Antler Valley on this! I also had a similar problem fortunately i came around the alley way and the power line guy's went back to thier bussiness but what if i hadn't? I to cann't believe how people act towards deer! I understand thier courious but i get no respect from people who come by always comminting about how they are going to have an easy hunt at my place when they catch me gone! Just burns me up if they only knew what that hunt would cost them!!!!!!!!! I know Jerry Campbell is a certified apprasier for deer here in Mo. can give you his # if you need it i know he has done stuff like this before to set the value for your particular case. Sorry for your troubles i hope you can make an EXAMPLE of this so people will realize the seriousness of thier actions!
 
My advice as a law professional. I would counter sue, theres nothing stopping you from taking the fight from your door step, to theirs. I agree with the above posts, make it public as much as you can. But be careful, here in PA i know many of the deer farmers try to keep low key bc of people just like this. Its amazing some of the things that have occured here with guys shooting deer, cutting fences, etc of deer farmers. So just be careful not to let to many people know exactly where you are if you can help it. I feel bad for the situation your in and wish you the best of luck. Feel free to PM me if you need anymore advice.
 
It looks to me that the insurance co. has decided to have their attorney deal with this.....I doubt that they are sueing you.
 
I would call Jerry Campbell. 847.778.8327 or 660.754.5501. He is the only certified Deer Appraiser in the country. Get him on your side and the insurance company will have a tough fight on their hands. He has went up against many insurance companies and worked for many insurance companies. He can tell you if you have a case or not.
 
Your claim for lessened value will be handled much like a workman's comp case, where for example, a worker is paid on a percentage of disability for the loss of a limb. Believe me, the power company does not care if the damage a deer or any other property, they know liability payments are just part of doing business and their insurance takes care of that. It would seem to me, the most pressing issue you have is how to prevent this from re-occurring.



Prevention is very simple and I believe legal too. If I understand your logistics, the power line crosses your property in a right of way or servitude. Just put heavy gates with good locks along your property line where it crosses the servitude to prevent access. On each gate place a placard stating....... to gain access, call........(list your name, home phone, cell phone and any other contact information relevant). This will prevent this event from re-occurring. If the power company says anything, ask them to sign a contract stating they will not come on your place again without permission and any breech of the contract will result in a 1 million dollar fine payable to you. Be firm and calm with them. Do not relent! oh, One additional thought would be to cover the area with land mines....just kidding.
 
Thanks to everyone for the advice. I greatly appreciate your input.



True County Whitetails, I appreciate your concern about being low key. I always do what I can to protect the secrecy of my farm. We have our share of disrespecting rednecks in WV.



IKOFF you may be correct in your asumption. I was sent a letter as well as a phone call informing me that this matter had been turned over to an attorney. I for one can't understand how it goes from an adjuster to an attorney. I was always assuming that an adjuster is the one that made the decision as to what a claim was valued at paying. I had sent a letter from a potential buyer proving value of the deer. I had also sent proof backing the value of the semen that has sold in the past from this bucks father and brother. I also have records of births and fawn sales to prove the value of my fawns. To me it has already been run through the cycle. Anyways, I still haven't been contacted by the attorney yet and it has been over two weeks. I am sure at this rate they will wait until AFTER the holidays now.
 
Jack,



First of all, calm down. Any large company like this would immidiately turn a large claim case like this over to their attorney. This is standard operating procedure and it doesn't mean they're suing you. It just means you are going to have to convince him the amount you are claiming is legit enough that he's willing to settle rather than risk paying the whole amount in a lossed court battle. If you ask for $20K you'll be lucky to get $10K. I seriously doubt they're gonna agree to pay for lossed income. My guess is that replacement cost is your best bet. So bottom line, what would it cost you to replace that same deer?
 
wvdeerman...you may want to contact an attorney just to make sure you are treated fairly in this process. It seems that lawyers deal better with other lawyers. They will more than likely offer you an amount much lower than you hope for. :( Good luck....I hope things work out for you. :)
 
like others said,...be prepared to be offered replacement cost,...that is what you actually paid for that deer (with documented proof) and how much food he ate since you had him,........the would of's, could of's and should of's won't hold any weight with them.



good luck



PT
 
Get an appraisal done! Two if you can, including examples of comparable sales data. The first thing they will do is look to make sure the value was decided by a professional using standard practices. Then, they will try and find a more experienced appraiser that will give your animal a lower value. I have some experience at this, so get the most certified, experienced appraiser out there. Good Luck!
 
Call Jerry Campbell! I have an Amish friend that was getting yanked around by an insurance Co. after the neighbours dog killed 7 or 8 of his bucks. Jerry wrote an appraisal and that brought the price up in a hurry. One was their breeder buck that they were selling semen out of, and they only got the live price not the future semen sales. But it was a lot more than the insurance co wanted to pay in the beginning.