State Representative Fred Camillo (R-151) championed a bill before the Judiciary Committee on Wednesday that would place liability of fallen trees and limbs on the property owner of the tree. The purpose of the bill is to protect those whose property the tree or limb has fallen on.
“Often times 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. 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,” said Rep. Camillo (R-151).
The bill requires the owner of the real property from which such tree or limb to accept liability for the expenses of removing such tree or limb from their neighbor’s land. The bill also includes safe guards 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, as defined in section 23-61a of the general statutes, 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 non-profits would not be liable under this proposed law
The bill now awaits action by the Judiciary Committee.
