Tag Archives: street tree

Who actually owns our street trees?

The answer should be clear.

It’s not, at least not to me.

  • “The City of Atlanta owns them, Jim. That’s obvious. After all, they’re in the public right-of-way. You’re forbidden by law from removing or injuring those trees, but the City itself can do whatever it wants with them. Clearly, the trees belong to the City.”
  • “You own them, Jim. After all, you’re the one who’s legally responsible for maintaining that strip along the street (e.g., keeping it level with the sidewalk, keeping it free of holes and weeds, pruning the trees themselves). If the City has to step in and do the maintenance for you, it can charge you with the expense. If the City abandons its right-of-way along the road, you’re the one with the reversionary right. And so on. Clearly, the trees belong to you.”

Totally confusing.

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