Legal Question in Constitutional Law in Texas

Responsibility of trees on city property

I own property in Burleson, Texas that is threatened by a damaged tree that is growing on the city right of way outside of my property line. The city has an ordinance stating that the city has the right to plant and maintain trees on all parks and city right of ways. After about a month of dealing with the city, and going before the city council, the city has agreed to cut down this tree at city's expense. Also, city staff stated that they would be changing this ordinance so that they would not be responsible for any more trees in the city right of way. I personally do not believe this is fair or legal, is it?


Asked on 6/19/02, 12:21 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Responsibility of trees on city property

Certainly not fair, possibly legal because of government's immunity from suit. Lobby against the new ordinance with the council members. If they are going to have trees they should accept responsibility for them.

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Answered on 6/19/02, 1:37 pm


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