My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
May 2001
sbend
>
Public
>
Historic Preservation
>
Meeting Minutes
>
HPC Meeting Minutes 2001
>
May 2001
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
1/11/2019 1:16:22 PM
Creation date
6/8/2020 10:10:30 AM
Metadata
Fields
Template:
South Bend HPC
HPC Document Type
Minutes
BOLT Control Number
1001402
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
93
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
Show annotations
View images
View plain text
LEGAL DEPARTMENT <br />INTEROFFICE MEMORANDUM <br />TO: JOHN OXIAN <br />HISTORIC PRESERVATION <br />FROM: THOMAS L. BODNAR::%W7 <br />DEPUTY CITY ATTORNEY <br />RE: TREES <br />DATE: April 19, 2001 <br />Common law in Indiana is that the individual has a right to trim tree branches which lean <br />over onto his or her property, even though the tree is planted in a different yard. The exceptions to this <br />are if the action is taken maliciously or is done in such a manner that it causes permanent damage to the <br />tree. Permanent damage usually means causing the tree to die or become infected. Shortening the <br />branches to the extent they are over the property of the person doing the clipping is not considered a <br />tort. Given this property right to trim branches above the ground on your side of the property, what I <br />see as a problem here is the lack of notice to Mr. Phillips when his neighbor's house was designated an <br />historic property. <br />One other point for future reference, I feel comfortable dealing with trees, as they are <br />specifically mentioned in the original ordinance, while flower beds and bushes are not specifically <br />mentioned. Have we ever adopted standards for dealing with trees? <br />HAWPDATA\TLB\HPC\oxian Mem.frm <br />
The URL can be used to link to this page
Your browser does not support the video tag.