In Nevada, the elements for a claim civil trespass are:
- Invasion upon property of another;
- Defendant acted intentionally to intrude; and
- Causation and damages.
Bradley v. Am. Smelting & Ref. Co., 104 Wash.2d 677, 692-693 (1985); Lied v. Clark County, 94 Nev. 171, 173-174, 579 P.2d 275 (1978).
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Jay, what are the damages for civil trespass when the trespasser completely destroys real property (for example, a ornamental pine tree)? Is it the value of replacing that property, as it is for criminal trespass in Nevada? Thank you!
Let me rephrase, what is the measure of damages for intentional destruction? How does the court calculate the value of the destroyed real property prior to the treble application as provided in NRS 40.160? Thank you.
There is no formula for calculating damages. You are allowed to argue whatever measure applies to your situation. You can argue, for instance, the cost of replacing the tree, out-of-pocket expenses, aesthetic loss, etc.