Bill Text: CT HB05602 | 2015 | General Assembly | Comm Sub
Bill Title: An Act Concerning A Property Owner's Liability For The Expenses Of Removing A Fallen Tree Or Limb.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2015-04-27 - File Number 746 [HB05602 Detail]
Download: Connecticut-2015-HB05602-Comm_Sub.html
General Assembly |
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January Session, 2015 |
*_____HB05602JUD___041015____* |
AN ACT CONCERNING A PROPERTY OWNER'S LIABILITY FOR THE EXPENSES OF REMOVING A FALLEN TREE OR LIMB.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2015) (a) If a tree located on private real property, other than real property owned by a political subdivision of the state or 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, 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) An arborist, as defined in section 23-61a of the general statutes, inspected the tree and documented that the tree or limb was diseased or likely to fall; (2) 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 (3) the owner of the real property from which such tree or limb fell failed to remove or prune such tree or limb within thirty days of the date of receiving such written notice. If the arborist requires access to the property to inspect the tree and the property owner on which such tree is located refuses consent for such inspection, the arborist may limit such inspection to the portions of the tree or limb that are visible from the adjoining private property owner's land. Notwithstanding the provisions of this subsection, any notice provided to an adjoining private property owner prior to October 1, 2015, that meets the requirements of subdivision (2) of this subsection shall be valid notice for 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.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2015 |
New section |
JUD |
Joint Favorable Subst. |