Tree-lined roads

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Gopher

ArboristSite Operative
Joined
Jun 29, 2002
Messages
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Location
Green Lake, Wisconsin
I'm back! Is this good or bad?!

I've gotten very involved with the effort to stop our County Highway committee from clearcutting all of the county roads. I moved here for the hills and many trees, but a number of roadways have been massacred.

I have loked up much case law regarding liability regarding car/tree collisions, and in almost every case, the driver holds the responsibility to keep his/her car on the road. I am SO sick and tiresd of these highway officials telling me that if they leave any trees, then we'd have the death of some future poor driver on our hands for leaving the tree.

Sorry, but in most cases, a poor decision, excess speed, drinking, inattentive driving, etc. caused the accident, not the tree that was 12 feet off the road.

I bring all of this up because I would like more information regarding policy on tree removal at the county and/or township level. Any legal references would be helpful.

I might add; a certain stretch of road I am currently lobbying for (or the beautiful, healthy hickory, cherry, oak and walnut that line it) had a traffic count of 51 vehicles in a 7.5 hour time period!) The officials want to use up some money on this 3.5 mile length of road, and spend $500,000 doing it, with approximately $100,000 on the trees. Lots of money for just over 7 cars per hour! It's insane.

Thanks for listening, and I look forward to supporting arguments. After all, aren't we supposed to care for the trees? I did an inventory for one property owner here, and I recommended removal of 42 out of the 107 trees that are along the R.O.W.
The county would still love to see all of them gone.

Gopher
 
Due to the continued recurrence of rollover accidents involving underage unlicensed and intoxicated drivers in Fremont County it is the recommendation of the committee that the curves on all Fremont county roads be straightened. Where mountain roads follow natural watercourses it is further recommended that such watercourses be straightened in order to avoid excessive bridge construction.

That is a spoof but the situation is real and the 'solution' is certainly bureaucratic committeesque. Welcome to modern America where noone is held accountable for their own stupidity.:rolleyes:
 
Gopher, how far out from the center of the road does the town own? I know that certain areas by me are 20 feet out from the center of the road they can tell you what to do. Possibly that could be one attack method? With some kind of stipulation that "if you kill my ... which is located ... feet off the road that you owe me ...?" that would be something you would of course have to talk over with a lawyer. I met with a guy who does a lot of appraisal work a couple of months ago. Jim Ingram I think is his name? Guy works for Bartlett and is on the board for the tree appraisal book.
 
Here are a couple links which may be helpful:

www.lewbloch.com

Lew Bloch specializes in tree case law.

I can't remember the other guys name, he wrote Trees and the Law.

Also do a search for Scott Cullen, he's a consulting arborist familiar with tree case law.
 
By and large, appraisal is a waste of time, the consultant gets money, the lawyer gets money and with luck, the tree owner gets money. My experience hasd been that when they get the money, it rarely goes back into the landscape. Instead it goes to a car payment, etc.

Roads are more than pavement. Using your arguments, why have guardrails. For that matter, why and curve ahead signs? The ROW is part of the roadway and should be managed (no management=a form of management). I don't think it should be clear cut. There is a heavily treed road in Bastrop TX with trees just 4feet from the road. It is a major highway and has guardrails.

This has been a world wide controversy. Do you remember the motorcycle gangs in France that were anti tree because trees some how killed people on motorcycles. They rode around felling trees at night.

Sounds like urban sprawl - cut down all the trees and name streets after them.
 
They're doing the same thing in my area too. They're clearing everything within 33 feet of the centerline. The latest proposed victim is one of the most scenic roads in the county, lined with 90+ year old oaks and maples. The reason for wanting to remove them according to the county and the others backing this - risk of someone hitting them in a vehicle, and they cause too many leaves in the fall. There has never been a crash on this particular road where someone has hit a tree. Why do we cater to people's stupidity and laziness?
 
I know guard rails are very costly but it is like underground utilities, you pay high on the front end but then have zero maintenance costs. Then there would be no need to mow ROW's. Big money goes into mowing ROW's.

This is what we get with our political heroes that are just concerned with their time in office and budgets during that time.
 
Gopher,


I remember hearing about one study that showed traffic speed is 10-15 mph slower on tree lined streets. I don't know where to locate the study but it maybe helpful to you. If you need the info I can try to locate it.
 
Case law

There is plenty of case history that supports saving the trees and maintaining the roadway and hiring qualified personnal to do tree inpections. The problem herein is that all too often, highway superintendants and county highway committee members believe they ARE the qualified personnel. We know better.

Thank you for your information and replys. A good site with more information about The liabilities of roadside maintenance can be found at: www.usroads.com/journals/rmj

Gopher
 

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