CT HB05258

Property owner is presumed liable for removal expenses if a tree or limb from their land falls on an adjoining property, provided an arborist inspected and documented the tree was diseased, decayed, or damaged and likely to fall within five years.

Adjoining property owner must provide written notice by certified mail to the tree owner requesting the condition be cured and must allow 90 days for the owner to remove, prune, spray, or otherwise address the problem.

The presumption of liability can be rebutted if an arborist inspects after notice and documents the tree was not diseased, decayed, or damaged, or if the tree fell due to impact with another object, fire, lightning, or act of God.

Liability insurance companies may deduct amounts recovered by the policyholder under this section from any covered loss payments owed, but the section does not affect other insurance policy rights.

Exemptions apply to property owned by political subdivisions, water companies, tax-exempt nonprofits, conservation easements, timber land, farm land, forest land, and open space land.

Effective October 1, 2016.