SB 1061 — AN ACT CONCERNING A PROPERTY OWNER'S LIABILITY FOR THE EXPENSES OF REMOVING A FALLEN TREE OR TREE LIMB.

Senate General Assembly RaisedFile Bill No.

1061643 January Session, 2023 LCOSenate Bill No.

42261061 ReferredSenate, toApril 18, 2023 The Committee on JUDICIARYJudiciary Introducedreportedthrough by:SEN.

(JUD)WINFIELD ANof ACTthe CONCERNING10th ADist., PROPERTYChairperson OWNER'Sof LIABILITYthe FORCommittee THEon EXPENSESthe OFpart REMOVINGof Athe FALLENSenate, TREEthat ORthe TREEbill LIMB.ought to pass.

AN ACT CONCERNING A PROPERTY OWNER'S LIABILITY FOR THE EXPENSES OF REMOVING A FALLEN TREE OR TREE LIMB.

(2) the adjoining private property owner provided written notice by certified mail, return receipt requested, to the owner of the real property from which such tree or limb fell that the tree or limb was diseased, decayed or damaged and likely to fall within five yearsyearsofthedateofsuch ofinspectionandrequestedthat thethecondition date of such inspection and requested that the condition be cured by removal, pruning, spraying or any other appropriate method;SB1061 / File No.

and643 (3)1 theSB1061 ownerFile of the private real property from which such tree or limb fell failed to cure the condition by LCO 4226 \\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01061-R01 of 3 SB.docx Bill No.

1061643 removal,method; pruning, spraying or any other appropriate method within ninety days of the date of receiving such written notice.

and (3) the owner of the private real property from which such tree or limb fell failed to cure the condition by removal, pruning, spraying or any other appropriate method within ninety days of the date of receiving such written notice.

Written notice providedprovidedby by a private property owner pursuant to thisthissubsection subsection shall be deemed personal to the particular owner providing such notice and shall not run with the land.

or (2) such tree or limb fell due to a reason other than the condition described in such notice, including, but not limited to, a motor vehiclevehiclecollision, collision, fire, lightning strike or other act of God.

(c) The provisions of this section shall not affect any rights of a policyholder underundera a liability insurance policy,policy,exceptthattheinsurance 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.

(A) Real property owned by the state, a political subdivision of the state, a water company, as defined in section 25-32a of the general statutes, or aSB1061 nonprofit/ organizationFile qualified as a tax-exempt LCO 4226 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01062 of 3 R01-SB.docx } Bill No.

1061643 organization2 underSB1061 SectionFile 501(c)(3)No. of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time;

643 a nonprofit organization qualified as a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time;

Section 1 October 1, 2023 New section JUD Joint Favorable LCOSB1061 4226/ {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01061-File 3No. of 3 R01-SB.docx }

643 3 SB1061 File No.

643 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

None Municipal Impact:

None Explanation The bill prescribes conditions under which private property owners are liable for expenses related to the removal of trees or tree limbs from aneighbor’sproperty.Asthebillspecifiesthattheprovisionsapplyonly to trees on private property, there is no fiscal impact to the state or municipalities.

The Out Years State Impact:

None Municipal Impact:

None SB1061 / File No.

643 4 SB1061 File No.

643 OLR Bill Analysis SB 1061 AN ACT CONCERNING A PROPERTY OWNER'S LIABILITY FOR THE EXPENSES OF REMOVING A FALLEN TREE OR TREE LIMB.

SUMMARY This bill establishes conditions under which a private real property owner (“landowner”) is presumed liable for the expenses of removing a tree or tree limb that fell from his or her property onto an adjoining private owner’s land.

It generally makes the landowner liable for failing to act within 90 days after the adjoining owner notified him or her that, based on an arborist’s inspection, a tree or limb was likely to fall within five years.

The bill specifies how the presumption may be rebutted.

Among other things, it also (1) exempts certain property from its provisions and (2) allows an insurance company, when paying for a related claim, to deduct any amount the adjoining landowner recovers under the bill.

EFFECTIVE DATE:

October 1, 2023 LIABILITY FOR FALLEN TREES Presumption of Liability Under the bill, a private landowner is presumed liable for the expensesofremovingatreeortreelimbthatfellfromhisorherproperty onto an adjoining private owner’s land if, before the tree or limb fell:

1.

a licensed arborist inspected the tree and documented that the tree or a limb was diseased, decayed, or damaged and likely to fall within five years of the inspection;

SB1061 / File No.

643 5 SB1061 File No.

643 2.

the adjoining private property owner notified the landowner of this determination and requested that the landowner cure the condition by any appropriate method (including removing, pruning, or spraying the tree);