A dead tree is causing a rift between a Lunenburg property owner and the town.
The tree is located at the old post office site on the corner of Lincoln and King streets.
Owner Scott Sherman was told by the town engineer the tree isn’t safe and has to be taken down.
Sherman doesn’t dispute the tree should be cut, but he wants the town to cover part of the cost.
“We offered the town to pay a thousand bucks. We’re paying thirty-five [hundred] of a $4,500 cost.”
Sherman argues the trunk lies in part on town property and they should pay a share to have it removed.
“The tree was planted by the town. It’s on, partially, some of the town property and the sidewalk, which is clearly town property, and it’s a line tree. In the past, conventional wisdom has held that line trees are the responsibility of the town.”
*Photo Courtesy Scott Sherman
Mayor Rachel Bailey says while she can’t speak to the legalities of this particular case, she refers to the Municipal Government Act to determine ownership.
“As far as I understand it, the land on which the trunk sits, the owner of that land owns the tree as well.”
Section 321 of the MGA states, “The engineer may require an owner or occupant of land adjoining a street to remove or trim a tree that, in the opinion of the engineer, is a source of danger to traffic on the street.”
Bailey says the Municipal Government Act is clear on that point.
“Who’s responsibility, should there be a safety risk, that’s been determined by the province and enacted through the municipalities according to the Municipal Government Act.”
Sherman says if the town can’t come to an agreeable arrangement, he will settle the matter in court.
Reported by Ed Halverson
Twitter: @edwardhalverson
E-mail: halverson.ed@radioabl.ca
