Nomination Statement for Western At-Large Region Candidate
Keith Gerrard

If elected to the Members Committee I intend to help Terrafirma spread the word that people who damage protected lands will pay heavily for their trespass. Almost every case in which Terrafirma gets involved presents an opportunity to educate landowners that they cannot damage protected property with impunity.

The San Juan Preservation Trust recently sued an adjacent landowner who clear cut our property apparently to improve the view from his bed and breakfast. His advertising touted the view.  In cases like this, the value of the trees is often negligible compared to the increase in value of the trespasser’s land derived from an enhanced view.  Crime pays.

In our lawsuit, funded by Terrafirma, we took the position that our damages should not be measured by the value of the cut timber but rather by the unjust enrichment of the trespasser.  We could find no exact legal precedent in Washington for this position but it seemed to make sense. One of my law school professors used to say that “the law is what is boldly asserted and steadfastly maintained.” In other words bold lawyers can make new law in the courtroom.  The trespasser was insured by a major American insurance company.  We demanded $100,000 and didn’t budge. We also made it clear that we intended to publicize any settlement.  After a few weeks of negotiations the insurer paid what we asked for. At least five newspapers in Washington reported the settlement with front page headlines.

As a representative of the western region on the Members Committee I will support Terrafirma’s philosophy that litigation offers an opportunity to educate the public and discourage trespassers.  Creative lawyering should help us persuade courts to adopt damage remedies that will give pause to people contemplating trespass.