Connecticut 2019 Regular Session

Connecticut House Bill HB07188 Compare Versions

Version 1 (Old)

Version 2 (New)

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7	5		General Assembly Raised Bill No. 7188
8	6		January Session, 2019
9	7		LCO No. 4595
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12	10		Referred to Committee on JUDICIARY
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14	12
15	13		Introduced by:
16	14		(JUD)
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20	19		AN ACT CONCERNING A PROPERTY OWNER'S LIABILITY FOR THE
21	20		EXPENSES OF REMOVING A FALLEN TREE OR LIMB.
22	21		Be it enacted by the Senate and House of Representatives in General
23	22		Assembly convened:
24	23
25	24		Section 1. (NEW) (Effective October 1, 2019) (a) If a tree located on 1
26	25		private real property, or a limb from such tree, falls on an adjoining 2
27	26		private property owner's land, the owner of the private real property 3
28	27		from which such tree or limb fell shall be presumed liable for the 4
29	28		expenses of removing such tree or limb from such adjoining private 5
30	29		property owner's land, if, prior to such tree or limb falling: (1) An 6
31	30		arborist inspected the tree and documented that the tree or limb was 7
32	31		diseased, decayed or damaged and likely to fall within five years of the 8
33	32		date of such inspection; (2) the adjoining private property owner 9
34	33		provided written notice by certified mail, return receipt requested, to 10
35	34		the owner of the real property from which such tree or limb fell that 11
36	35		the tree or limb was diseased, decayed or damaged and likely to fall 12
37	36		within five years of the date of such inspection and requested that the 13
38	37		condition be cured by removal, pruning, spraying or any other 14
39	38		appropriate method; and (3) the owner of the private real property 15
40		-	from which such tree or limb fell failed to cure the condition by 16 Raised Bill No. 7188
	39	+	from which such tree or limb fell failed to cure the condition by 16
	40	+	Raised Bill No. 7188
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47	46		removal, pruning, spraying or any other appropriate method within 17
48	47		ninety days of the date of receiving such written notice. No property 18
49	48		owner shall be required to provide access to his or her property for 19
50	49		inspection by an arborist. An arborist's inability to access property for 20
51	50		such inspection shall not waive the requirement of this subsection that 21
52	51		an arborist make a determination that a tree or limb is diseased, 22
53	52		decayed or damaged and likely to fall within five years of the date of 23
54	53		such inspection. Written notice provided by a private property owner 24
55	54		pursuant to this subsection shall be deemed personal to the particular 25
56	55		owner providing such notice and shall not run with the land. 26
57	56		(b) The presumption in subsection (a) of this section may be 27
58	57		rebutted upon a showing that: (1) After notice was given as described 28
59	58		in subdivision (2) of subsection (a) of this section, an arborist inspected 29
60	59		the tree or limb and documented that the tree or limb was not 30
61	60		diseased, decayed or damaged and likely to fall; or (2) such tree or 31
62	61		limb fell due to a reason other than the condition described in such 32
63	62		notice, including, but not limited to, a motor vehicle collision, fire, 33
64	63		lightning strike or other act of God. 34
65	64		(c) The provisions of this section shall not affect any rights of a 35
66	65		policyholder under a liability insurance policy, except that the 36
67	66		insurance company that issued such insurance policy may deduct from 37
68	67		any amount owed to such insured for a covered loss arising from such 38
69	68		tree or limb falling, the amount recovered by the policyholder 39
70	69		pursuant to subsection (a) of this section, to the extent that such 40
71	70		amount would have been a covered loss under such insurance policy. 41
72	71		(d) The provisions of this section shall not be construed to limit any 42
73	72		person's right to pursue any additional civil remedy otherwise allowed 43
74	73		by law. 44
75	74		(e) As used in this section (1) "private real property" does not 45
76	75		include: (A) Real property owned by a political subdivision of the 46
77	76		state, a water company, as defined in section 25-32a of the general 47
78		-	~~statutes, or a nonprofit organization qualified as a tax-exempt 48~~ Raised Bill No. 7188
	77	+	Raised Bill No. 7188
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	83	+	statutes, or a nonprofit organization qualified as a tax-exempt 48
85	84		organization under Section 501(c)(3) of the Internal Revenue Code of 49
86	85		1986, or any subsequent corresponding internal revenue code of the 50
87	86		United States, as amended from time to time; (B) real property that is 51
88	87		subject to a conservation easement held by such nonprofit 52
89	88		organization; (C) timber land, as described in section 12-97 of the 53
90		-	general statutes; or (D) farm land, forest land or open space land, as 54
	89	+	general statutes; or (D) farm land, forest land or open space land as 54
91	90		such terms are defined in section 12-107b of the general statutes; and 55
92	91		(2) "arborist" has the same meaning as provided in section 23-61a of the 56
93	92		general statutes. 57
94	93		This act shall take effect as follows and shall amend the following
95	94		sections:
96	95
97	96		Section 1 October 1, 2019 New section
98	97
99		-	JUD Joint Favorable
	98	+	Statement of Purpose:
	99	+	To impose liability on certain owners of real property for the expenses
	100	+	of removing a tree or limb that falls on an adjoining owner's private
	101	+	real property.
	102	+
	103	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	104	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	105	+	not underlined.]
100	106