Bava Kamma 30B

״תבנו וקשו״ תנן, משום דמשרקי.

What we learned in the Mishnah was specifically with regard to a case where one put out his straw and his hay, which are more likely to cause injury than fertilizer and other objects, because they are particularly slippery. Therefore, R' Yehuda agrees that in this case he is liable to pay for damage they cause.

כל הקודם בהן זכה. אמר רב: בין בגופן, בין בשבחן. וזעירי אמר: בשבחן אבל לא בגופן.

§ It is stated in the Mishnah that if one puts his straw and hay out in the public domain, whoever takes possession of them first acquires them. The rabbis disagreed with regard to the extent of this acquisition. Rav says: He acquires them both with regard to the items themselves and with regard to the value of their enhancement, which took place while they were in the public domain. And Ze’eiri says: He acquires them with regard to the value of their enhancement but not with regard to the items themselves, and he must pay the owner of the straw according to their value at the time he placed them in the public domain.

במאי קמיפלגי? רב סבר: קנסו גופן משום שבחן, וזעירי סבר: לא קנסו גופן משום שבחן.

With regard to what do they disagree? Rav holds that the rabbis penalized the owner by revoking his ownership of the items themselves due to the value of their enhancement that he stands to earn by putting them in the public domain, whereas Ze’eiri holds that they did not penalize him by revoking his ownership of the items themselves due to the value of their enhancement. Rather, he loses only the increase in their value due to their enhancement.