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

HB 7138 creates a legal presumption that a property owner is liable for the cost of removing a fallen tree or limb on a neighbor's land, but only if three conditions are met: an arborist documented the tree was diseased/decayed/damaged and likely to fall within five years, the neighbor provided certified written notice requesting repairs, and the owner failed to fix the issue within 90 days. Owners can rebut this presumption by proving the tree wasn't dangerous or that the fall resulted from an act of nature (e.g., lightning or fire), not the tree's condition. The law exempts owners aged 64+ with incomes below HUD's area median from liability. It also clarifies that insurance companies may deduct amounts recovered under this law from policyholder payouts for covered losses.