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A tree falls on your Atlanta property. Who's responsible?

Atlanta's Arborist Division explains.

ATLANTA — With bad weather comes the potential for trees to come down on your property. And with more rain coming in this weekend, it's a reality for homeowners all over Atlanta.

However, if this happens to you, who is responsible?

A spokesperson for Atlanta's Aborist Division explains the gist.

A tree fell on Seminole Avenue in Atlanta over the weekend. It damaged cars, gates, and power lines. 

Neighbor Michael McKoy heard it happen. 

"I heard a big thump," McKoy said. Sounded like an explosion." 

McKoy said he was simply walking to grab something from the store. He said the tree barely missed him.

"I dropped to the ground," McKoy said. "And when I turned around, there was, like, tree everywhere. There was debris falling in the sky."

The tree didn't miss his neighbor's cars, though. Atlanta's oak trees are big enough to do some real damage. 

"It's been a real big problem on this street," McKoy said. "I think they've had four huge trees down in the last seven years, and I think some of these houses have been affected more than once."

Atlanta's Aborist Division said trees located on private property are the responsibility of the property owner. The City of Atlanta is responsible for trees on public property and rights-of-ways.

McKoy wondered if there was a way to find out if these trees were going to fall before they fell. 

The arborist division said yes. Look for fungus growing around the base of the tree or on the tree trunk, large cavities, if the tree's leaves are full, meaning it has thinned out, and if the tree has dropped many branches that are over six inches in diameter. 

If you notice something and think a tree needs to come down, you can do an inspection request using the Dead, Dying, or Hazardous (DHH) inspection request. A City of Atlanta arborist will visit the property to assess the trees' canopy, trunk, and root flair. If you cut the tree down without approval, you could be charged fees. 

"They'll hit us with a fine as strong as a car or a small house just for cutting down a tree," McKoy said.

If the tree comes down on its own, the division suggests owners make sure everyone is safe and secure. If the tree falls in the right-of-way, residents should call the Department of Parks and Recreation at 404-546-6813. DPR will remove the parts of the tree that fell on the right-of-way only. If the tree fell completely on private property, the owner should take photos of the tree before it is removed. The photos will help the Arborist Division in the event that someone reports to the Arborist that a tree has been removed. 

"You need to work with the residents in order to find the best policies and procedures to protect the city," McKoy said.

If you think you have a case where you feel you deserve compensation from the city because a public tree fell on your property, the arborist division said you have to go through The City of Atlanta's Law Department. You can email them at lawdepartment@atlanta.gov. 

   

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