Gov. Dannel P. Malloy has vetoed legislation that would have forced tree owners to pay for damages from downed trees or limbs on neighboring property if that neighbor had warned them in writing. It would have taken effect October 1.
“Under this bill a tree owner would be liable for the cost of removal of a tree that falls onto a neighbor’s private property if 1) that neighbor had previously notified the tree owner that the tree or branch was diseased or likely to fall and 2) the tree owner failed to remove or prune the tree or branch within 30 calendar days after receiving the notice,” Malloy said in his veto message, sending the bill back to the Secretary of the State. “I am concerned that this bill is weighted too heavily in favor of neighbors who want branches and trees taken down and provides no avenue for a tree owner to contest a neighbor’s assertion that their tree or branch is ‘likely to fall.’ Without such a provision there is a strong possibility that tree owners will feel compelled to remove a tree upon merely receiving a letter from a neighbor even when the tree may in fact be healthy.”
The bill passed the House 133-8 and passed the Senate 36-0.
Here is the summary of the bill:
“Section 1. (NEW) (Effective October 1, 2014) (a) If a tree that is located on private real property, or a limb from such tree, falls on an adjoining private property owner’s land, the owner of the real property from which such tree or limb fell shall be liable for the expenses of removing such tree or limb from such adjoining private property owner’s land, if, prior to such tree or limb falling: (1) The adjoining private property owner provided written notice by certified mail to the owner of the real property from which such tree or limb fell that the tree or limb was diseased or likely to fall and requested that such tree or limb be removed or pruned; and (2) the owner of the real property from which such tree or limb fell failed to remove or prune such tree or limb within thirty calendar days after receiving such notice. Any notice provided to an adjoining private property owner prior to October 1, 2014, that meets the requirements of subdivision (1) of this subsection shall be valid notice for the purposes of this section.
(b) The provisions of this section shall not affect any rights of a policyholder under a liability insurance policy, except that the insurance company that issued such insurance policy may deduct from any amount owed to such insured for a covered loss arising from such tree or limb falling, the amount recovered by the policyholder pursuant to subsection (a) of this section to the extent that such amount would have been a covered loss under such insurance policy.
(c) The provisions of this section shall not be construed to limit any person’s right to pursue any additional civil remedy otherwise allowed by law.”