Connecticut 2023 Regular Session

Connecticut Senate Bill SB01061

Introduced
2/16/23  
Refer
2/16/23  
Refer
2/16/23  
Report Pass
3/31/23  
Report Pass
3/31/23  
Refer
4/11/23  
Refer
4/11/23  
Report Pass
4/18/23  

Caption

An Act Concerning A Property Owner's Liability For The Expenses Of Removing A Fallen Tree Or Tree Limb.

Impact

The bill's enactment will modify existing state liability laws by creating definitive guidelines about property owner accountability when their trees or tree limbs cause damage to a neighbor's property. Significant changes include requiring documented inspection by certified arborists and a structured notification process. This could lead to an increase in property owner claims against each other while pushing for better tree maintenance practices to avoid liability. It represents a shift in the balance of responsibility between neighboring property owners, placing greater emphasis on the proactive maintenance of trees.

Summary

Senate Bill 1061 addresses the liability of property owners concerning the expenses incurred from the removal of fallen trees or tree limbs from adjoining properties. The bill establishes a presumption of liability for property owners if a tree or limb has been found to be diseased or damaged, and the property owner has failed to rectify the situation within a stipulated timeframe after receiving notice. This legislative measure aims to provide clarity on property owner responsibilities and protect adjoining property owners from potential damages caused by negligent tree maintenance.

Sentiment

The general sentiment surrounding SB 1061 reflects a mix of support and concern. Proponents of the bill argue that it encourages property owners to maintain their trees responsibly and prevents costly disputes between neighbors over fallen foliage. However, critics express reservations regarding the presumed liability aspect, fearing it might lead to excessive legal challenges and undermine property rights. The discussion in legislative forums indicates a cautious optimism about the bill's intention to safeguard property interests while also highlighting the complexities inherent in neighborly disputes over shared boundaries.

Contention

A notable point of contention regarding SB 1061 lies within the provisions that establish a rebuttable presumption of liability upon written notification concerning tree conditions. Opponents argue that this could lead to unjust financial burdens on property owners who may not have had prior knowledge of their tree's issues. Additionally, the exclusion of certain types of property from this liability, such as state-owned properties and conservation lands, raises questions about equity in the application of this law. The impact of the bill could further complicate neighborly relations, as disputes over tree ownership and maintenance responsibilities may become more pronounced if the law passes.

Companion Bills

No companion bills found.

Previously Filed As

CT SB00452

An Act Concerning The Property Tax Appeals Process And The Penalty Related To The Submission Of Income And Expenses Information For Rental Properties.

CT HB05257

An Act Concerning Liability For Damage To Person Or Property Caused By A Dog.

CT SB00393

An Act Implementing The Treasurer's Recommendations Concerning Unclaimed Property.

CT HB05168

An Act Concerning Solar Installations In Certain Common Interest Ownership Communities.

CT HB05376

An Act Concerning Home Improvement Contractors And Salespersons.

CT SB00289

An Act Concerning The Authority Of The Departments Of Energy And Environmental Protection And Transportation Over Vegetation Management.

CT HB05152

An Act Concerning Renters In Common Interest Ownership Communities.

CT HB05330

An Act Implementing The Recommendations Of The Department Of Transportation And Concerning Capital Projects, Notice Of Proposed Fair And Service Changes, The Connecticut Airport Authority, Automated Traffic Safety Enforcement, Road Safety Audits, Parking Authorities, A Shore Line East Report And The Submission Of Reports And Test Results Regarding Impaired Driving.

CT HB05172

An Act Concerning The Assessment Of Motor Vehicles For Property Taxation.

CT SB00501

An Act Concerning Motor Vehicle Assessments For Property Taxation, Innovation Banks, The Interest On Certain Tax Underpayments, The Assessment On Insurers, School Building Projects, The South Central Connecticut Regional Water Authority Charter And Certain State Historic Preservation Officer Procedures.

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HI HB1398

Relating To Property.