The proposed legislation, General Assembly Raised Bill No. 7138, establishes a presumption of liability for property owners regarding the expenses associated with the removal of fallen trees or tree limbs from adjoining properties. Under the new law, if a tree or limb from a private property falls onto a neighbor's land, the owner of the property from which the tree fell will be presumed liable for removal costs, provided that certain conditions are met. These conditions include prior inspection by an arborist who documents the tree's poor condition, written notice from the adjoining property owner requesting action, and the failure of the property owner to address the issue within ninety days of receiving the notice. Additionally, the bill includes provisions that exempt property owners aged 64 or older with a median income below a specified threshold from liability.

The bill also allows for the presumption of liability to be rebutted if an arborist determines that the tree was not at risk of falling or if the tree fell due to external factors such as a natural disaster. Furthermore, the legislation clarifies that it does not affect the rights of policyholders under liability insurance policies, except that any recovery from the property owner may be deducted from insurance payouts. The definition of "private real property" is specified to exclude certain types of properties, including those owned by the state or nonprofit organizations, as well as conservation easements and timber or farm lands. The act is set to take effect on October 1, 2025.