This bill amends the Code of West Virginia by introducing a new article, Article 32, which mandates the removal of trees on state-owned or leased property that pose a threat to structures on private property. Specifically, it requires state agencies to remove such trees within six months of receiving a written request from the affected property owner or lessee. If the state fails to act within this timeframe, the property owner is permitted to enter the state property to remove the trees without liability, provided they give the state agency a seven-day notice prior to entry. Additionally, property owners can file claims against the state to recover costs incurred from the removal of these trees.

The bill also adds a new section, 14-2-17b, which establishes a shortened procedure for claims related to the removal of trees threatening private property. This procedure applies to claims that meet specific criteria, including the requirement that the state agency has failed to remove the trees within the designated six-month period after notice is given. The claim must not exceed $10,000, and the applicable state agency must concur with the claim. This streamlined process aims to facilitate quicker resolutions for property owners facing potential damage from hazardous trees on state property.

Statutes affected:
Introduced Version: 5-32-1, 14-2-17b