My question involves real estate located in the State of: Texas
Due to standing water in my ditch, about six weeks ago the local water company was notified of a possible water leak in their line. No action was taken. Then two weeks ago the source of the water was determined and found to be a waterline that was damaged by a mature tree. It was reported to the water company.
I was contacted last Wednesday by the utility and advised they may need to cut down the tree. I objected and they advised they would have a contractor evaluate the cost of repair plus tree removal versus rerouting the line.
The next day I met with that contractor who, in his opinion, it would be cheaper for the utility to reroute the line. He marked the recommended location for the new line and indicated the water company would get back with me with their decision.
Then on Saturday, a worker with a tree removal company was parked next to the tree. He indicated he was there to estimate what equipment would be needed to take out the tree. When I advised that since I did not want the tree cut and that I had not been informed of a final decision by the water company, I did not want them working on the property. He called his supervisor and handed me the phone. The supervisor advised that being the weekend he could not contact the water company but would get it cleared up on Monday. Since it was already Saturday, they would not schedule cutting down the tree until later that week if that was the water company's decision.
But the next day, at 8:30 AM Sunday, a removal crew came onto my property. I was away at the time but my wife was still home. She recently broke an ankle so had trouble getting down to the location. Once there, she told the crew and supervisor that we did not want the tree cut and that the water company had not made a decision to require the tree be taken out. They ignored her and refused to stop working.
Within a few hours, they had cut down a 30 year old healthy tree in my front yard. The tree exhibited no disease or dead limbs. The base was sturdy and withstood 30 mph gusting winds just a few weeks earlier. Ground around the base of the tree was dry and solid except for a small area where water from the damaged line surfaced and drained into a ditch.
On the following Tuesday I called the water company's customer service department to lodge a complaint. They forwarded my information to a field worker who returned my call about 30 minutes later.
His first comment was that the first he had heard the tree was cut down was Tuesday morning and the tree removal folks were only told to supply an estimate for the work to be done, not cut down the tree. At that point I indicated that the tree removal company had therefore taken a tree from my property without my consent and without orders from the water company. He would not give me the name of the company that cut down the tree and decided I needed to talk to his supervisor. He indicated I should hear from the supervisor shortly.
Of course, the supervisor did not return the call. At this point I have a 20" diameter stump that sticks up about 4" above ground level. All of the wood was hauled off and we were not given the opportunity to keep the lumber.
I understand that the water company has the right to cut down a tree that affects their equipment or their ability to supply water to their customers. But if the line will be rerouted well past where the tree is located and does not interfere with installing the new line, do they still have the right to take it down?
So if the tree was taken by the tree removal company illegally or taken by the water company legally but without cause, can I file for damages?
Also, can they be held responsible for removal cost of the stump?
Thank you.
Due to standing water in my ditch, about six weeks ago the local water company was notified of a possible water leak in their line. No action was taken. Then two weeks ago the source of the water was determined and found to be a waterline that was damaged by a mature tree. It was reported to the water company.
I was contacted last Wednesday by the utility and advised they may need to cut down the tree. I objected and they advised they would have a contractor evaluate the cost of repair plus tree removal versus rerouting the line.
The next day I met with that contractor who, in his opinion, it would be cheaper for the utility to reroute the line. He marked the recommended location for the new line and indicated the water company would get back with me with their decision.
Then on Saturday, a worker with a tree removal company was parked next to the tree. He indicated he was there to estimate what equipment would be needed to take out the tree. When I advised that since I did not want the tree cut and that I had not been informed of a final decision by the water company, I did not want them working on the property. He called his supervisor and handed me the phone. The supervisor advised that being the weekend he could not contact the water company but would get it cleared up on Monday. Since it was already Saturday, they would not schedule cutting down the tree until later that week if that was the water company's decision.
But the next day, at 8:30 AM Sunday, a removal crew came onto my property. I was away at the time but my wife was still home. She recently broke an ankle so had trouble getting down to the location. Once there, she told the crew and supervisor that we did not want the tree cut and that the water company had not made a decision to require the tree be taken out. They ignored her and refused to stop working.
Within a few hours, they had cut down a 30 year old healthy tree in my front yard. The tree exhibited no disease or dead limbs. The base was sturdy and withstood 30 mph gusting winds just a few weeks earlier. Ground around the base of the tree was dry and solid except for a small area where water from the damaged line surfaced and drained into a ditch.
On the following Tuesday I called the water company's customer service department to lodge a complaint. They forwarded my information to a field worker who returned my call about 30 minutes later.
His first comment was that the first he had heard the tree was cut down was Tuesday morning and the tree removal folks were only told to supply an estimate for the work to be done, not cut down the tree. At that point I indicated that the tree removal company had therefore taken a tree from my property without my consent and without orders from the water company. He would not give me the name of the company that cut down the tree and decided I needed to talk to his supervisor. He indicated I should hear from the supervisor shortly.
Of course, the supervisor did not return the call. At this point I have a 20" diameter stump that sticks up about 4" above ground level. All of the wood was hauled off and we were not given the opportunity to keep the lumber.
I understand that the water company has the right to cut down a tree that affects their equipment or their ability to supply water to their customers. But if the line will be rerouted well past where the tree is located and does not interfere with installing the new line, do they still have the right to take it down?
So if the tree was taken by the tree removal company illegally or taken by the water company legally but without cause, can I file for damages?
Also, can they be held responsible for removal cost of the stump?
Thank you.
Maintenance and Repair: Unauthorized Taking of a Tree Within a Utility Easement by A. Third Party
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