Connecticut Seal

General Assembly

 

Raised Bill No. 5220

February Session, 2014

 

LCO No. 1122

 

*01122_______JUD*

Referred to Committee on JUDICIARY

 

Introduced by:

 

(JUD)

 

AN ACT CONCERNING A PROPERTY OWNER'S LIABILITY FOR THE EXPENSES OF REMOVING A FALLEN TREE OR LIMB.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2014) (a) If a tree that is located on private real property, or a limb from such tree, falls on an adjoining private property owner's land, the owner of the real property from which such tree or limb fell shall be liable for the expenses of removing such tree or limb from such adjoining private property owner's land, if, prior to such tree or limb falling: (1) An arborist, as defined in section 23-61a of the general statutes, inspected the tree and documented that the tree or limb was diseased or likely to fall; (2) the adjoining private property owner 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; and (3) 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. If the arborist requires access to the property to inspect the tree and the property owner on which such tree is located refuses consent for such inspection, the arborist may limit such inspection to the portions of the tree or limb that are visible from the adjoining private property owner's land.

(b) The provisions of this section shall not affect any rights of a policyholder under a liability insurance policy, except that the insurance company that issued such insurance policy may deduct from any amount owed to such insured for a covered loss arising from such tree or limb falling, the amount recovered by the policyholder pursuant to subsection (a) of this section to the extent that such amount would have been a covered loss under such insurance policy.

(c) The provisions of this section shall not be construed to limit any person's right to pursue any additional civil remedy otherwise allowed by law.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2014

New section

Statement of Purpose:

To impose liability on owners of private real property for the expenses of removing a tree or limb from a tree located on such property that falls on adjoining private real property.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]