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Show POPULAR TALKS ON LAW By Walter K. Towers, A. B. , J. D., of the Michigan Bar. THE MUNICIPALITY AND SHADE TREES. riio municipality, bo It city, town 01 vll-laigo vll-laigo is given a wide conuoi over tlio snoots wltliln tlio corpoiato limits and in this log-ud Not lnfioquontly dirricultlos in lso botwoon tlio municipal authorities having the strcots within their clmigo and tlio ownoi or the property racing on the streets. Shade trees aio a constant cause or conrilct. The property owner may have a rino row or trees along the street and thoso trees muy appear to the authorities to bo an obstruction to the highway Tlio owner objects to their romoval. What aio his rights? A shade troo may bo in the way or a piojoctcd sldownlK Must the it co bo loinovod? The limbs or troos miy oici hang the stieot or sidowalk In such ,i way as to obstnitt the public way May tlio uuthoiltlos lcmoio tlio limbs or cut down tlio ontli o tree? The rirst Inquiry that aiisos lti such cases is as to the logal ownership or the land upon which the trees are situated Lot us suppose that the tiees havo been planted on a snip between tho sidewalk and the mil). This strip is usually a part or the lind set aside Tor the use or the public as a street A part or It has not boon paiod but lias been set aside Tor a parkway, or Toi ruture need should the pnved portion or tho stieot require widen Ing Thus tho tieos are, technically speak Ing, within tho street In perhaps a ma Joilty or cases the owners or tho propcity adjoining tho stieet own the land In rront r tholr lots to the contor or the street l hoy nny not exorcise such complete con ttol over tho portion or tholr giound be jontl tho sidewalk since that patt has been sot asldo Tor tho use or tho public as a whole In passing In legal phtaseology tho landowner rotalns title to the land boyond tho street line to tho center or the streot, but ho owns it subject to an easement That he must allow all mem burs or tho public to go and come at will using the way Tot the noimal put poses or a streot Ho must allow the municipality to contiol it, pavo it and keep It in a run dltlon nt Tor public use The owner may not use his propoi ty beyond the street lmr in a mannoi that will In any way lntei r re with tho passu go or tho public. Thetc are row piactlcul uses to which tho owner may put tho ptoporty beyond the strict lino without interfering with lis usi as a highway and so ho comes to regatd his holdings as extending simply to the street lino In not a row coses tho municipality does own tlio streot has actual legal title to it tho ownor or tho adjoining property having np title. Who owns tho street, whetlior proporty ownor or municipality, is a question or ract In each individual caso. Tills may vary Trom state to state or oven fiom town to town or street to streot it depends not only on tho law tho the partlculai state, but upon tho exact lights which the public was gticn when that pattlculut streot was dedicated to public uso, or was opened by other means IT tho proporty ownor owns tho tltlo to the stioot ho owns tho tiees that giow in Hont or his ptoporty within tlio stieet line Hut though ho may own tlio trees tills doos not piovo that tlio municipality may not Insist that tfioy be tomoiod The powoi and duty rosls with tho municipal authorltlos to koop tho stieot in a proper condition ror travol. ir tho tioos amount to olJBtruction in the street tho municipal liy may requho tlmt ioy be jomoved iroes in tho street that aro obstructions amount to a legal nulsanco and may bo removed as such. Uut shade ttees aio genoioily regarded with ravor by tho law and they do not amount to a nulsanco whoro they do not actually obstruct travol along the street or highway Not a row easos haie ruled that municipal authorities cannot declare ires in the streets to be t nulsanco unless they actually do ob-stiutt ob-stiutt tiavol Such lullngs havo boon made In such slates as Ocoigla, Iowa, MaiyJand, Michigan, icw JCisoy, New Yoik and Ohio In othoi states as Call-roinh, Call-roinh, Illinois, Noith Carolina and Wisconsin, Wis-consin, it lias been held tint the decision or tho municipal authorities in the mat toils toi-ls flnnl 'llicy ire In control or the sttoots and ir they rule that a ttee is an obstruc Hon tlieli derision is riml and tho couits or law will not consldai tho question In any state a wldo control ovor the sin els bj the municipality must bo rocog-nl'ed rocog-nl'ed ir the public authoiltics nilo that p ti pi is an obstiuctlon to tho streot tho piopeity ownoi had best bow to tholr decision de-cision rathei thin ontor upon Involved and expensive litigation, unless tho action or the authoiltics Is clearly unfaii and tho troo in question Is cloarly not In any way an obstiuctlon to tho street. Pot Imps tho pilnclpal advantago or tho position or the Inndownei who has tltlo to the (enlPi or tho stieet is tint as ho owns tho ti eo ho Ins diiect piopeity lights in it ir sucli is tho case the authoiltics must rust notiry the ownei to remove his ticc riom the public way A roasoniblo longtli or time must bo allowed him to eilliei transplant tho tico oi cut it down and utillzo the timber ror his own purposes pur-poses ir ho doos not do this tlio authorities author-ities may then romovo tho obstructing tioo and charge tho oxponso against tho owner. A tree which in any vfy obstructs a eldowalk is as truly an obstruction to the streot as though It blocked the wagon xi ay and may bo treated In tho same mannoi man-noi IT ovoi hanging limbs amount to an I obstruction tho ticc may bo trimmed up, or ir necessary, romoved cntlroly. IT the municipal authorities remove shado trees bolonglng to a proporty ownor Tor a logal reason the property owner has In law, surrorcd no xvrong But IT tho municipality removes trees without legal basis tho properly owner may recover domagos Tor tho loss and Injury to his property. It any other parties Injure the jroes -without Justification the owner may roddv.or damages In a suit at law. Evon 'thottgh tho city hold title to tho streets jind'so to the trees In the street tho owner of property rrontlng on tho streets still )ias some rights In tho trees. In one case lie was allowed to recover rrom a gas company which had negligently allowed ps' to escape rrom Us mains and kill injTt trees located In Tront or tho property prop-erty hut within tho street, which was vwrfed by the city. Generally tolophonc and telegraph com-panjjjjs com-panjjjjs may bo given authority to string their wires along public highways, though the courts of some states do not permit tills. In such cases the legislative body may also give authority to trim trees away, rrom tho wires in cases or necessity? neces-sity? But generally the companies arc .given no great liberties In this regard and fiust raise their wires abovo trees and therwlsc avoid Injuring them in ovory possible way, even though It Involves additional ad-ditional dirriculty and expense. Legislatures and city councils may pass regulations to protect trees located within Hie line or the roads and so enforce these jnicfl$hgcs so as to prevent any damage to the.jBado trees. Ipopyrlght 1013, by V K. Towers). |