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Commission approves lawsuit to require property owner to trim or remove roadside trees after highway department warning
Summary
Roane County voted 12–3 to authorize the county attorney to sue a private landowner to require removal or trimming of trees that highway staff say threaten a narrow county road; debate focused on liability, proof standards and precedent.
Roane County commissioners on Tuesday voted 12–3 to authorize the county attorney to file suit against a private property owner along Bridal Arrow Point, seeking either a court order that the owner cut trees hanging over and threatening the county road or authorization for the highway department to remove the trees with recovery of costs.
Highway staff presented the request, saying trees and overhanging branches pose a risk of falling on passing vehicles and that the right-of-way is narrow. Commissioner Ron Brackett asked if the landowner had refused to fix the problem; highway staff and attorneys said the owner had not undertaken the work and the highway department requested legal authority if voluntary compliance failed.
Commissioners questioned whether the county would be opening itself to a cascade of similar requests. Commissioner Travis Parks observed the county would need to document hazard risks and that expert arborist testimony could be required; others highlighted recurring public-safety risk for school buses and heavy trucks on the narrow road.
The county attorney described the legal basis as asking the court to remedy a nuisance and to require the owner to cut hazardous trees or to authorize county action and recovery of costs. "All we're doing is filing something under the state's general nuisance laws," the county attorney told the commission.
Commissioners discussed precedents and enforcement mechanics: if the county cuts trees because an owner will not, the county would seek reimbursement via the lawsuit and a lien. After debate, the commission approved the resolution authorizing suit; the chair announced the motion carried 12 yes, 3 no.
The county attorney said the county will seek court orders that could require the owner to perform the work or reimburse the county if the county completes it.
