Ms. Wu and her family came to Baodingye Sanpo Scenic Area in Hebei Province for a self-driving trip and stayed in a homestay. The next morning, Ms. Wu's mother-in-law and her friend's mother-in-law were wandering around with their two children when they found a tree full of walnuts.
Children curiously pick two walnuts to play. However, after being found by the owner of the walnut tree, he claimed 2,000 yuan. The two parties had a dispute, and finally after mediation, Ms. Wu had to pay the other party 3,000 yuan.
This walnut picking dispute caused quite a stir. Although the number of walnuts involved is limited and not ripe, the walnut tree owners believe that it is one of the family's financial resources, selling for tens of thousands of yuan a year.
For walnut tree owners, this picking may lead to financial losses, so high compensation is required. After many disputes, Ms. Wu was finally forced to compensate the other party 3,000 yuan to end the dispute through mediation.
In the dispute, the owner of the walnut tree said that this is a high-quality walnut tree that can sell for tens of thousands of yuan a year. But Ms. Wu's family said they didn't know it was a walnut, and they didn't see any signs or fences suggesting the special value of walnuts. As a result, the two sides clashed violently, and even caused the owner of the walnut tree to fall to the ground and demand an increase in compensation to 5,000 yuan.
In response to this incident, experts explained that the value of walnuts is mainly reflected in the high value after many years of playing, and the value of fresh walnuts is not high, even if it is a good quality fresh fruit, the price of each walnut will not exceed 20 yuan.
In this regard, the majority of netizens have different views on the incident. Some people believe that it is illegal to pick other people's property without permission, regardless of the value of walnuts, and that walnuts cannot be picked at will even without a sign. However, others questioned the amount of the claim and the development of the incident, and argued that the villagers were targets of bullying from outsiders.
From a legal point of view, this walnut tree belongs to the legitimate property of the villagers, and Ms. Wu's mother-in-law picked walnuts without permission, which constitutes an act of infringing on the property ownership of others, and the owner of the walnut tree has the right to claim compensation.
The Civil Code does stipulate that when a natural person is infringed, he has the right to demand tort liability from the infringer, and clarifies the responsibility to stop the infringement, eliminate the impact and compensate for losses. Therefore, it was reasonable for the villagers to demand compensation from Ms. Wu for damages.
Regarding the question of whether the two walnuts are worth 3,000 yuan, according to the principle of civil compensation, the principle of filling in is one of them. That is, the infringer shall compensate the right holder for the amount of losses suffered. The Civil Code stipulates that property damage should be calculated according to the market price at the time of the loss or other means.
For the value of walnuts, since walnuts are not yet ripe, their market price is uncertain. In the event of disagreement between the two parties, the most reasonable and fair approach is to seek an appraisal from a professional department and issue an assessment report with legal effect. Such an assessment report may serve as the basis for the amount of compensation.
All in all, the claim of picking two walnuts for children to play with and being asked to compensate 3,000 yuan requires professional appraisal to determine the actual value of walnuts. When settling disputes, follow the principle of civil law compensation to ensure the fairness and reasonableness of compensation.
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