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 certain conditions are met. These conditions include prior inspection by an arborist who documents that the tree or limb was diseased, decayed, or damaged and likely to fall within five years, as well as written notice from the adjoining property owner requesting remediation. The property owner must also fail to address the issue within ninety days of receiving the notice. However, the bill exempts property owners aged 64 or older with a median income below the local HUD median from liability.

Additionally, the bill allows for the presumption of liability to be rebutted if an arborist determines that the tree or limb was not at risk of falling or if the fall was due to external factors such as a motor vehicle collision or natural disasters. 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 also specified, excluding certain types of properties such as those owned by the state or nonprofit organizations, as well as conservation easements, timber land, and agricultural land. The act is set to take effect on October 1, 2025.