Daily Progress, Jacksonville, TX

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July 20, 2012

Fallen trees can make residents liable for damages

JACKSONVILLE — The storms that have passed over Cherokee County have put some relief to the damages of last year's recording breaking drought, but dry grass and dead trees serve as a reminder of what can happen again.

Texas Forest Service is encouraging homeowners and landowners to remove fire- and drought-killed trees that are within falling distance of neighboring homes, roads and pathways. Failure to do so, agency officials say, could make residents liable for damages.

“Be aware that your tree could fall onto someone else’s property,”  said Jim Rooni, Texas Forest Service Central Texas operations department head. “The rules vary from place to place, but generally the owner of the tree is responsible. Bottom line, you could be liable.”

Michael Batton, district fire coordinator with the Cherokee County Texas Forest Service, said the department has received numerous concerned calls regarding damaged trees.

“It's constantly people calling saying, 'I think my tree is dying. What can I do?'” he said. “There's really nothing you can do. That is nature taking it's course.”

Batton said the department is in the process of conducting a survey documenting the damages of last year's drought on timber.

“We've been taken random plots everywhere and counting the trees that lived and counting the ones that died,” he said. “Doing it all across East and West Texas and once we turn the survey in, we'll come up with a percentage of exactly how much damage we had to timber.”

Batton said each forest service department must submit their numbers by Aug. 3.

“After last year, we've had plenty of rain through the spring and summer,” he said. “There haven't been anymore timber that has died and I wouldn't expect it to.”

If  trees still has yet to sprout green leaves, forestry experts say in the report it is most likely dead. Batton advises dead trees get cut down to prevent any threats, whether liable or bodily harm.

“If you can catch them as they are dying that is the best time to take them down,” he said. “When they are dead and rotten, that's when they get dangerous and break apart when trying to get them down.”

For dead tree or limbs on public land or right of ways, residents can contact their precinct commissioner.

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