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 that land on adjacent private properties. Effective October 1, 2025, the bill stipulates that a property owner will be presumed liable if an arborist has previously inspected the tree and documented its diseased, decayed, or damaged condition, and if the adjoining property owner has provided written notice of this condition and requested remediation. The property owner must then fail to address the issue within ninety days of receiving the notice to incur liability. 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 later determines that the tree or limb was not at risk of falling or if the fall was caused by external factors such as a vehicle collision or natural disasters. Furthermore, the legislation clarifies that it does not affect the rights of policyholders under liability insurance policies, except that insurance companies may deduct amounts recovered from the property owner from any claims related to the fallen tree or limb. 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 specific types of land.