With no explanation, chose the best option from "A", "B", "C" or "D". that it can be restored, as when a house suffers smoke and water damage in a fire, the tort-feasor is liable for the costs of restoring the property to its former condition, up to the total value of the property. Applying these rules to fire-damaged trees is problematic. Is it the loss of the tree that is permanent, or the loss to the real estate? A tree that has burned and is dead is permanently destroyed, but the land on which the tree was located can be restored, either immediately by bringing in a fully grown tree or by planting a sapling. The question of “permanent” versus “temporary” damage is ultimately less helpful than the question of how the trees were used and their intrinsic value to the property. See, e.g., Mosteller v. Naiman, 416 N.J. Super. 632, 638, 7 A.3d 803 (2010) (<HOLDING>). One legal encyclopedia explains the use-value

A: recognizing that moving to the second stage of the saucier analysis is appropriate when the existence of a constitutional violation depends upon the resolution of uncertain state law
B: holding that the question whether section 3553b permits departure in some particular case is subject to plenary review
C: holding that suppression of secondary evidence depends on whether the police obtained the evidence through an exploitation of the prior illegality
D: recognizing that quantifying damages for trees is a  complex subject  that depends upon the evidence in the particular case
D.