Connecticut 2021 Regular Session

Connecticut House Bill HB05598 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	LCO 1575 \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05598-R01-
4		-	HB.docx
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7	5		General Assembly Raised Bill No. 5598
8	6		January Session, 2021
9	7		LCO No. 1575
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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 LIA BILITY 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, 2021) (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 the 11
36	35		tree or limb was diseased, decayed or damaged and likely to fall within 12
37	36		five years of the date of such inspection and requested that the condition 13
38	37		be cured by removal, pruning, spraying or any other appropriate 14
39		-	method; and (3) the owner of the private real property from which such 15 Raised Bill No. 5598
	38	+	method; and (3) the owner of the private real property from which such 15
	39	+	tree or limb fell failed to cure the condition by removal, pruning, 16 Raised Bill No. 5598
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46		-	tree or limb fell failed to cure the condition by removal, pruning, 16
	43	+	LCO No. 1575 2 of 3
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47	45		spraying or any other appropriate method within ninety days of the 17
48	46		date of receiving such written notice. No property owner shall be 18
49	47		required to provide access to his or her property for inspection by an 19
50	48		arborist. An arborist's inability to access property for such inspection 20
51	49		shall not waive the requirement of this subsection that an arborist make 21
52	50		a determination that a tree or limb is diseased, decayed or damaged and 22
53	51		likely to fall within five years of the date of such inspection. Written 23
54	52		notice provided by a private property owner pursuant to this subsection 24
55	53		shall be deemed personal to the particular owner providing such notice 25
56	54		and shall not run with the land. 26
57	55		(b) The presumption in subsection (a) of this section may be rebutted 27
58	56		upon a showing that: (1) After notice was given as described in 28
59	57		subdivision (2) of subsection (a) of this section, an arborist inspected the 29
60	58		tree or limb and documented that the tree or limb was not diseased, 30
61	59		decayed or damaged and likely to fall; or (2) such tree or limb fell due 31
62	60		to a reason other than the condition described in such notice, including, 32
63	61		but not limited to, a motor vehicle collision, fire, lightning strike or other 33
64	62		act of God. 34
65	63		(c) The provisions of this section shall not affect any rights of a 35
66	64		policyholder under a liability insurance policy, except that the insurance 36
67	65		company that issued such insurance policy may deduct from any 37
68	66		amount owed to such insured for a covered loss arising from such tree 38
69	67		or limb falling, the amount recovered by the policyholder pursuant to 39
70	68		subsection (a) of this section, to the extent that such amount would have 40
71	69		been a covered loss under such insurance policy. 41
72	70		(d) The provisions of this section shall not be construed to limit any 42
73	71		person's right to pursue any additional civil remedy otherwise allowed 43
74	72		by law. 44
75	73		(e) As used in this section (1) "private real property" does not include: 45
76	74		(A) Real property owned by a political subdivision of the state, a water 46
77		-	company, as defined in section 25-32a of the general statutes, or a 47 Raised Bill No. 5598
	75	+	company, as defined in section 25-32a of the general statutes, or a 47
	76	+	nonprofit organization qualified as a tax-exempt organization under 48 Raised Bill No. 5598
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84		-	nonprofit organization qualified as a tax-exempt organization under 48
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85	82		Section 501(c)(3) of the Internal Revenue Code of 1986, or any 49
86	83		subsequent corresponding internal revenue code of the United States, 50
87	84		as amended from time to time; (B) real property that is subject to a 51
88	85		conservation easement held by such nonprofit organization; (C) timber 52
89	86		land, as described in section 12-97 of the general statutes; or (D) farm 53
90	87		land, forest land or open space land, as such terms are defined in section 54
91	88		12-107b of the general statutes; and (2) "arborist" has the same meaning 55
92	89		as provided in section 23-61a of the general statutes. 56
93	90		This act shall take effect as follows and shall amend the following
94	91		sections:
95	92
96	93		Section 1 October 1, 2021 New section
97	94
98		-	JUD Joint Favorable
	95	+	Statement of Purpose:
	96	+	To impose liability on certain owners of real property for the expenses
	97	+	of removing a tree or limb that falls on an adjoining owner's private real
	98	+	property.
	99	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	100	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	101	+	underlined.]
99	102