Street Trees and the Law

Abstract

A boulevard lined with stately mature street trees is perhaps one of the most aesthetically pleasing images of the urban environment. Clear- ly, trees provide many benefits to us. They pro- vide a source of shade from the sun and shelter from the wind. They bring a sense of the natural environment to us. Also, trees provide a natural form of delineation to the City street scape, thus offering an effective buffer between transporta- tion corridors and residential and business centers. Indeed, trees are a valuable natural resource. Unfortunately, the existence of trees in the urban environment, particularly those under public entity or governmental control, also provide a source of potential civil liability. This potential liability must be managed to assure the elimination of known dangerous conditions which impose an unreasonable risk of harm to persons and proper- ty. This article will concisely discuss the nature of that liability, its relationship to street trees and the allocation and consequences of that liability should damages occur.