CT HB05598

Property owner becomes presumed liable for removal expenses of a fallen tree or limb from an adjoining property if an arborist documented the tree was diseased, decayed, or damaged and likely to fall within five years prior to falling.

Adjoining property owner must provide written notice by certified mail to the tree owner requesting cure of the condition within ninety days of receiving the notice.

Presumption of liability may be rebutted by showing the tree was not diseased or damaged, or that the tree fell due to other causes including motor vehicle collision, fire, lightning strike, or act of God.

Insurance companies may deduct amounts recovered under this law from liability insurance payouts to the extent the loss would have been covered under the policy.

Exemptions apply to real property owned by political subdivisions, water companies, nonprofit tax-exempt organizations, conservation easements, timber land, and farm or forest land; effective October 1, 2021.