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. Additionally, the bill specifies that property owners are not required to grant access for arborist inspections, and the notice requirement is personal to the owner providing it.

The bill also includes provisions that exempt certain property owners from liability based on age and income criteria, specifically those aged 64 or older with a median income below the local HUD median. Furthermore, the presumption of liability can be rebutted if an arborist determines the tree was not at risk of falling or if the fall was due to external factors such as natural disasters. The legislation clarifies that it does not affect the rights of policyholders under liability insurance policies, allowing insurers to deduct any amounts recovered from the property owner from claims. The definition of "private real property" is also specified, excluding state-owned properties, conservation easements, timber land, and certain types of agricultural land. The act is set to take effect on October 1, 2025.