On Tue, 13 Jun 2006 22:45:55 -0400, "miamicuse"
wrote:


"Oren" wrote in message
.. .
On Tue, 13 Jun 2006 01:15:53 -0400, "miamicuse"
wrote:


No, this is not that they cannot keep up with maintaining their grass and
trees. I was told as a home owner I am responsible to maintain the area
between my property line and the edge of street pavement. That means I
need
to mow the grass there and trim back trees there. It does not sound
logical
but that's what the county told me.

MC


The legal property description should reflect any "easement" that
allows the county on the property to fix or install utilities. Do
these trees have power lines along the easement? Florida Power and
Light may be able to clarify questions if there are power lines
involved. They contract to have trees trimmed away from power lines.

I grew up on a property that had a "high line" crossing our back lot.
We could not put a house on the lot, because of this "easement" for
FPL. We still had to mow that lot for many, many years.

It's your property and you are most likely are responsible for
maintenance, but they have a legal authority to enter your property.

Or it could be *their* property but he is charged with maintaining it.

I don't object to that, only to the exorbitant fee and that it is per
tree to do so.

Seems to me the city can't avoid its liability for injuries caused by
falling limbs or trees, just because they have charged the homeowner
with that responsibility, so that if there is a claim by anyone other
than the city or the homeowner, both the city and the homeowner would
be jointly and severally liable.

OTOH, in the USA I think because of the rules in England at the time,
all levels of government were originally immune from suit and they are
only vulnerable now to the extent that the national government or the
state has said they are. That's what the US Court of Claims is for
iirc. And that's why in NYC for example one has to file a 30 day
notice of claim, within 30 days, rather than the normal statute of
limitations for torts, a year or three.

So maybe Miami? has never accepted liability for injuries caused by
its trees.

Oren


No no powerlines. There is a storm drain line underneath though. But back
to your FPL question, FPL no longer trim trees in south Florida anymore.
They used to but not anymore.

MC