Kansas Tree Protection Law

State:
Multi-State
Control #:
US-M-9703
Format:
Word; 
Rich Text
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Description

This is a sample of Municipal Codes when dealing with an ordinance concerning tree protection. This may be used across the United States.
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FAQ

The owners of property abutting upon streets, avenues and boulevards in cities shall have such title to and property in growing trees, shrubbery and the parking situated in front of such real estate between the curb line and the property line as to enable the owners, in case of injury to or destruction of such trees, ...

In most cases, if a healthy tree owned by your neighbor falls into your yard due to a storm, the general rule is that you will be responsible for the cleanup and any property damage caused.

Section 537.340 of Missouri Revised Statutes holds that if any person shall cut down, injure, or destroy or carry away any tree placed or growing for use, shade, or ornament, or any timber, rails, or wood standing, being or growing on the land of any other person, the person so offending shall pay to the party injured ...

Landowners share the responsibility to maintain boundary or petition fences but individual landowners must maintain fences along roadways. 6. A landowner can go onto his neighbor's property to repair or replace a fence. It is not considered trespass if the work is done in a reasonable time and in a reasonable manner.

Trees Along Property Lines In Kansas, a landowner has a right to trim branches that overhang their property even though the trunk of the tree is on a neighbor's land. The landowner may not go on the neighbor's land to remove the tree or any part thereof without permission.

A lawful fence is ?a fence with not less than four boards per 4 feet of height; said boards to be spaced no farther apart than twice the width of the boards used fastened in or to substantial posts not more than 12 feet apart with no stay, or a fence of four barbed wires supported by posts not more than 15 feet apart ...

Generally, the owners of adjoining lands are required to build and maintain in good repair all partition fences in equal shares, unless the parties agree otherwise.

The Public Works Department will remove the tree from the street and dispose of it. Any remaining parts of the tree on private property is the responsibility of the property owner to clean up. If a tree falls on a power line, who is responsible? Ameren Missouri emergency crews will handle the fallen power line.

When a neighbor's tree limbs reach across your land, you can trim them back to the property line. The same rule applies to tree roots. But be careful. A Missouri court has held that no damage claims are allowed when those branches and roots damage your property unless the tree was damaged, diseased, or destroyed.

The offense of keeping or maintaining a public nuisance is a class E felony. 4. Upon the conviction of the owner pursuant to this section, the room, building, structure, or inhabitable structure is subject to the provisions of sections 513.600 to 513.645.

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Kansas Tree Protection Law