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Panel approves bill to exempt property owners who trim limbs that cross property lines

2512605 · March 5, 2025
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Summary

The House Judiciary subcommittee gave a favorable report to House Bill 3,624, which adds an exception for property owners who trim tree limbs that encroach on their property line; roll call was unanimous among members present.

The House Judiciary subcommittee voted to give House Bill 3,624 a favorable report after the chair summarized the measure and members took no substantive questions.

The bill, filed by Representative Lucas Atkinson, adds paragraph (c) to an existing provision so that "the provisions of this section do not apply to a person trimming tree limbs that encroach upon the person's property line," Chairman Jeff Johnson said during the hearing. The current statute makes it a crime to "willfully and maliciously cut, deface, injure a tree," a provision the sponsor said was originally intended to cover acts such as intentional destruction of another property owner's trees.

The change is intended to remove criminal exposure for homeowners who trim limbs that cross their property line, a concern raised in some parts of the state where law enforcement had, according to the subcommittee discussion, treated routine trimming as malicious injury. No members moved to amend or debate the measure in committee.

By roll call, Chairman Jeff Johnson, Representative William Bailey, Representative Robbie Robbins and Representative Burrows voted aye; the bill "receives a favorable report," the chair announced.

With the favorable report, the bill advances from the subcommittee to further House consideration according to the committee procedure. The committee did not take public testimony or record additional analysis during the brief discussion.