Senate Bill No. 1061, designated as File No. 643, addresses the liability of a property owner for the expenses of removing a fallen tree or tree limb from an adjoining private property. The bill establishes that if a tree or limb from a private property falls onto an adjoining property, the owner of the property from which the tree or limb originated is presumed liable for the removal expenses. This presumption applies if, prior to the fall, an arborist inspected the tree or limb and documented that it was diseased, decayed, or damaged and likely to fall within five years; the adjoining property owner provided written notice to the tree owner about the condition and requested remediation; and the tree owner failed to address the issue within 90 days of receiving the notice. The bill specifies that the notice must be sent by certified mail and is personal to the owner who provided it, not transferring with the land.

The bill also outlines how the presumption of liability can be rebutted, such as by showing that an arborist later determined the tree or limb was not likely to fall or that the fall was due to other reasons like an act of God. It clarifies that the provisions do not apply to certain types of property, including state-owned land, land owned by water companies or tax-exempt nonprofits, and land under conservation easements. Additionally, the bill states that insurance companies may deduct any amount recovered under this bill from a policyholder's claim payout, and it does not limit the right to pursue other civil remedies. The bill is set to become effective on October 1, 2023.