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Judge Smalkin cited Hensley for the proposition that “an owner of rural or suburban forest land is not liable for damage done by dead tree limbs falling onto the property or persons of others unless the tree constitutes a danger to lawful users of abutting public roads and the owner is aware or should be aware of the tree’s deteriorated condition. Essentially, even for decaying or dead trees, a landowner is not liable if [a] he has no notice of his tree.

A tree that is already down and on the ground is not considered hazardous unless it is blocking a street or road. For public streets and roads call VDOT For county streets and roads call Maintenance and Stormwater Management If the tree is an dangerous location with a high risk of causing an accident, call for an immediate response.

Police Department Police Department.

After calling the police, place a call either to the county highway district or the street maintenance division at City Hall. Road maintenance crews always have emergency road crews on standby and will quickly dispatch a team of sawyers. The Virginia Supreme Court added to the small body of Virginia “tree law” cases.

In this case, Cline v. Dunlora South, LLC, a man driving on a public road was struck and injured by a tree that fell from private property. The man sued the property owner, claiming that the property owner’s “conduct constituted a nuisance because [its. Oct 29, First, leave your property if the downed tree has created a dangerous situation.

Next, contact your homeowners insurance. If the tree fell on Estimated Reading Time: 2 mins.

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