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OLR Bill Analysis
HB 5598 (as amended by House "A")*
AN ACT CONCERNING A PROPERTY OWNER'S LIABILITY FOR
THE EXPENSES OF REMOVING A FALLEN TREE OR LIMB.
SUMMARY
This bill establishes conditions under which a private real property
owner (“land owner”) is presumed liable for the expenses of removing
a tree or tree limb that fell from his or her property onto an adjoining
private owner’s land.
It generally makes the land owner liable if he or she failed to act
within 90 days after the adjoining owner notified him or her that,
based on an arborist’s inspection, a tree or limb on the property was
likely to fall within five years. The bill specifies how the presumption
may be rebutted.
Among other things, it also (1) exempts certain property from its
provisions and (2) allows an insurance company, when paying for a
related claim, to deduct any amount the adjoining land owner recovers
under the bill.
*House Amendment “A” clarifies that the bill does not apply to
state-owned property.
EFFECTIVE DATE: October 1, 2021
LIABILITY FOR FALLEN TREES
Presumption of Liability
Under the bill, a private land owner is presumed liable for the
expenses of removing a tree or tree limb that fell from his or her
property onto an adjoining private owner’s land if, before the tree or
limb fell:
1. a licensed arborist inspected the tree and documented that the 2021HB-05598-R010746-BA.DOCX
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tree or limb was diseased, decayed, or damaged and likely to
fall within five years of the inspection date;
2. the adjoining private property owner notified the land owner of
this determination and requested that the land owner cure the
condition by any appropriate method (including removing,
pruning, or spraying the tree); and
3. the land owner failed to do so within 90 days after receiving this
notice.
The notice must be in writing and sent by certified mail, return
receipt requested. The bill specifies that this notice is deemed personal
to the owner who provided it and does not run with the land (i.e., the
presumption of liability would not apply if the owner providing the
notice sold the property before the tree fell, unless the new owner
provided his or her own notice).
Rebutting the Presumption
The bill’s presumption of liability may be rebutted if the land owner
shows that:
1. after he or she received the notice, an arborist inspected the tree
or limb and documented that it was not diseased, decayed, or
damaged and likely to fall or
2. the tree or limb fell due to a reason other than the condition
described in the notice, including a motor vehicle collision, fire,
lightning, or other act of God.
Private Real Property
The bill’s provisions apply only to trees on “private real property”
that fall onto other private real property. Under the bill, this property
does not include:
1. real property owned by the state, a political subdivision of the
state, a water company, or a tax-exempt nonprofit organization;
2. real property subject to a conservation easement held by a tax- 2021HB-05598-R010746-BA.DOCX
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exempt nonprofit organization;
3. timber land of more than 10 years’ growth; or
4. farm, forest, or open space land eligible for the “PA 490
program” (which allows this land to be assessed for property
tax purposes based on its current use value rather than its full
market value).
Arborist Access and Impact on the Presumption
The bill provides that:
1. land owners are not required to allow access to their property
for an arborist’s inspection and
2. if an arborist is unable to access the property, this does not
waive the requirement for the arborist’s determination as
described above to establish the presumption.
Insurance and Other Remedies
The bill allows an insurance company to deduct from a payment
under a liability policy the amount the policyholder recovers under the
bill, to the extent that amount would be a covered loss under the
policy. It does not otherwise affect a policyholder’s rights under a
liability policy.
The bill specifies that it does not limit anyone’s right to pursue other
civil remedies as allowed by law.
COMMITTEE ACTION
Judiciary Committee
Joint Favorable
Yea 34 Nay 3 (03/29/2021)