Old | New | Differences | |
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1 | 1 | ||
2 | 2 | ||
3 | 3 | LCO No. 2175 1 of 2 | |
4 | 4 | ||
5 | 5 | General Assembly Proposed Bill No. 5936 | |
6 | 6 | January Session, 2021 | |
7 | 7 | LCO No. 2175 | |
8 | 8 | ||
9 | 9 | ||
10 | 10 | Referred to Committee on JUDICIARY | |
11 | 11 | ||
12 | 12 | ||
13 | 13 | Introduced by: | |
14 | 14 | REP. DEVLIN, 134th Dist. | |
15 | 15 | REP. TURCO, 27th Dist. | |
16 | 16 | ||
17 | 17 | ||
18 | 18 | ||
19 | 19 | ||
20 | 20 | AN ACT CONCERNING DAMAGES INCURRED BY A PROPERTY | |
21 | 21 | OWNER DUE TO FALLING TREES OR TREE LIMBS FROM | |
22 | 22 | NEIGHBORING PROPERTY THAT IS OWNED BY THE STATE. | |
23 | 23 | Be it enacted by the Senate and House of Representatives in General | |
24 | 24 | Assembly convened: | |
25 | 25 | ||
26 | 26 | That the general statutes be amended to: (1) Create a statutory 1 | |
27 | 27 | assumption of liability by the state in the case of a state-owned tree 2 | |
28 | 28 | falling in whole or in part onto private property with such liability being 3 | |
29 | 29 | limited to the actual costs of removal by a licensed arborist; (2) create an 4 | |
30 | 30 | exception in section 4-142 of the general statutes to the jurisdiction of 5 | |
31 | 31 | the Office of the Claims Commissioner for requests from licensed 6 | |
32 | 32 | arborists for reimbursement for the actual costs of removing a tree 7 | |
33 | 33 | located on state property that has fallen in whole or in part on private 8 | |
34 | 34 | property; (3) allow licensed arborists performing such tree removal 9 | |
35 | 35 | work to directly submit a claim for reimbursement to the state 10 | |
36 | 36 | Department of Transportation; and (4) require the state Department of 11 | |
37 | 37 | Transportation to revise its Vegetation Management Guidelines to 12 | |
38 | 38 | reflect the updated state policy that the state bears responsibility for the 13 | |
39 | 39 | costs associated with the removal of fallen state-owned trees. 14 Proposed Bill No. 5936 | |
40 | 40 | ||
41 | 41 | ||
42 | 42 | LCO No. 2175 2 of 2 | |
43 | 43 | ||
44 | 44 | Statement of Purpose: | |
45 | 45 | To ensure the state assumes liability for damages caused by state-owned | |
46 | 46 | trees that have fallen on private property and to eliminate the out-of- | |
47 | 47 | pocket removal costs by owners of private property to remove such | |
48 | 48 | state-owned trees. |