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The purpose of the bill is to protect those whose property where the tree or limb has fallen.
“Oftentimes the person whose property the tree or limb has fallen on gets saddled with the cost of removing the tree and limb and paying for the damage the tree or limb caused," said Camillo. "I felt there needed to be a set of protections in place to protect people from enduring this kind of financial hardship as long as certain conditions have been met."
The bill would require the owner of the real estate property from which such tree or limb to accept liability for the expenses of removing the tree or limb from their neighbor’s land. The bill also includes safeguards to protect the real property owner.
The real property owner will only be held liable if:
- The neighbor provided notice to the owner of the real property from which such tree or limb fell that the tree or limb was diseased or likely to fall and requested that such tree or limb be removed or pruned.
- An arborist inspected the tree and documented that the tree or limb was diseased, decayed or damaged and likely to fall within five years of the date of such inspection.
- The owner of the real property from which such tree or limb fell failed to remove or prune such tree or limb after receiving such notice.
- The property owner who owns the tree has 30 days to act after being served with a notice.
- A judgment wouldn't run with the land and nonprofits would not be liable under this proposed law.
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