HB 3462
Tree removal at state expense
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill establishes a process for the West Virginia state government to remove trees located on state-owned or leased property or rights-of-way that pose a threat to structures on private property. If the state fails to remove the trees within six months of receiving a written request from the property owner, the property owner can remove the trees themselves and file a claim against the state for the associated costs. The bill also creates a streamlined procedure for these claims.
Key provisions
- The state must remove trees on state property that threaten private structures within six months of receiving a written request.
- Property owners can remove the trees themselves if the state fails to act within six months.
- Property owners can file a claim against the state to recover costs incurred in removing the trees.
- A shortened claim procedure is established for tree removal claims.
- Claims must meet specific criteria, including not arising from current fiscal year appropriations, alleging damage to private structures, requiring prior notice to the state, and having a maximum value of $10,000.
- The state agency must concur with the claim before it is approved.
- The bill establishes a new section (§5-32-1) and amends existing code sections (§14-2-17b) related to tree removal.
- Notice requirements include certified mail and a seven-day notice before tree removal.
Who is affected
- Private property owners
- Lessees of state property
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