Connecticut 2015 Regular Session

Connecticut House Bill HB05602 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	General Assembly Substitute Bill No. 5602
2		-	January Session, 2015 _____HB05602JUD___041015____
	1	+	General Assembly Committee Bill No. 5602
	2	+	January Session, 2015 LCO No. 4463
	3	+	04463HB05602JUD
	4	+	Referred to Committee on JUDICIARY
	5	+	Introduced by:
	6	+	(JUD)
3	7
4	8		General Assembly
5	9
6		-	~~Substitute~~ Bill No. 5602
	10	+	Committee Bill No. 5602
7	11
8	12		January Session, 2015
9	13
10		-	_____HB05602JUD___041015____
	14	+	LCO No. 4463
	15	+
	16	+	04463HB05602JUD
	17	+
	18	+	Referred to Committee on JUDICIARY
	19	+
	20	+	Introduced by:
	21	+
	22	+	(JUD)
11	23
12	24		AN ACT CONCERNING A PROPERTY OWNER'S LIABILITY FOR THE EXPENSES OF REMOVING A FALLEN TREE OR LIMB.
13	25
14	26		Be it enacted by the Senate and House of Representatives in General Assembly convened:
15	27
16		-	Section 1. (NEW) (Effective October 1, 2015) (a) If a tree located on private real property, other than real property owned by ~~a political subdivision of the state or~~ a nonprofit organization qualified as a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, 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 written notice by certified mail 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 ~~within thirty days of the date of~~ receiving such written 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. Notwithstanding the provisions of this subsection, any notice provided to an adjoining private property owner prior to October 1, 2015, that meets the requirements of subdivision (2) of this subsection shall be valid notice for purposes of this section.
	28	+	Section 1. (NEW) (Effective October 1, 2015) (a) If a tree located on private real property, other than real property owned by a nonprofit organization qualified as a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, 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 written notice by certified mail 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 written 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.
17	29
18	30		(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.
19	31
20	32		(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.
21	33
22	34
23	35
24	36
25	37		This act shall take effect as follows and shall amend the following sections:
26	38		Section 1 October 1, 2015 New section
27	39
28	40		This act shall take effect as follows and shall amend the following sections:
29	41
30	42		Section 1
31	43
32	44		October 1, 2015
33	45
34	46		New section
35	47
	48	+	Statement of Purpose:
	49	+
	50	+	To impose liability on certain owners of real property for the expenses of removing a tree or limb that falls on an adjoining owner's private real property.
	51	+
	52	+	[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.]
36	53
37	54
38		-	JUD Joint Favorable Subst.
39	55
40		-	~~JUD~~
	56	+	Co-Sponsors: REP. REBIMBAS, 70th Dist.; REP. CAMILLO, 151st Dist.
41	57
42		-	Joint Favorable Subst.
	58	+	Co-Sponsors:
	59	+
	60	+	REP. REBIMBAS, 70th Dist.; REP. CAMILLO, 151st Dist.
	61	+
	62	+	H.B. 5602, 5207