Who is responsible for tree trim and removal?

[Edwin Pawlowski]

Mine is about four feet shy of the road. Original pins are still in the ground. Last house same way. I guess it can vary by state or very old roads.

[miamicuse]

No go. Talked to the county's tree section and they don't come out. They will only come out if you apply for a tree removal permit, and you pay $150 per tree for the permit then they will come out and look at it to decide. If a permit is issued then you need to pay someone else to remove it.

MC

[miamicuse]

wow that's great. the trees on the right of way have same problem and I called - they said yes you need to trim it but not more than 25% and you need to pay for it and no it's not your trees.

guess my city and your city are very different.

MC

[miamicuse]

No no powerlines. There is a storm drain line underneath though. But back to your FPL question, FPL no longer trim trees in south Florida anymore. They used to but not anymore.

MC

[miamicuse]

Insurance companies will not pay for tree removal. At least not in south Florida. I had two trees down in another property after Wilma and if they fell on some structure then it will be paid by windstorm but the actual tree cutting and removal is not reimbursable. The only aspect of tree removal that is reimbursable is FEMA will pay for a chainsaw for you to cut down the tree if your income level is low.

MC

[miamicuse]

Yes, I just purchased the property and have the survey plat.

The concrete sidewalk is outside of the property line and the swale is outside of the sidewalk. I was told I am responsible for mowing the swale and upkeep of the trees.

MC

[Goedjn]

If you're not willing to hassle your elected officials about removeing the permit requirement, why are you complaining to us?

[mm]

Or it could be *their* property but he is charged with maintaining it.

I don't object to that, only to the exorbitant fee and that it is per tree to do so.

Seems to me the city can't avoid its liability for injuries caused by falling limbs or trees, just because they have charged the homeowner with that responsibility, so that if there is a claim by anyone other than the city or the homeowner, both the city and the homeowner would be jointly and severally liable.

OTOH, in the USA I think because of the rules in England at the time, all levels of government were originally immune from suit and they are only vulnerable now to the extent that the national government or the state has said they are. That's what the US Court of Claims is for iirc. And that's why in NYC for example one has to file a 30 day notice of claim, within 30 days, rather than the normal statute of limitations for torts, a year or three.

So maybe Miami? has never accepted liability for injuries caused by its trees.

[mm]

The street (called Spring Mill Road) I referred to was in Indiana, just outside of Indianapolis but still in Marion County. I'm sure there is a spring and there was a mill within the first half mile, where there is a big hill, but after that it was straight for 2 miles, from 62nd to 80th Street.

The road was not numbered, but there were plans to widen it if necessaray. 45 years later, still two lanes, still not that busy and not widened. There is a 6 lane Meridian Street a half mile to the east which carries a lot of traffic, and an expressway which requires one to go to the east or west a couple miles, before coming back about

87th st.

Some of the neighbors planted their bushes within their property line, and others planted next to the road. I guess we probably would have been made to mow the lawn, and to trim the trees if anyone had planted any. But paying for a permit to trim trees that must be trimmed sounds annoying.