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County claims it is not liable for tree

Posted at 6:52 AM, Oct 03, 2018
and last updated 2018-10-03 07:11:20-04

The Clinton County Road Commission says it's not responsible for the tree that fell and killed a man Monday.

Neighbors tell News 10 they complained about the tree on Webb Road in DeWitt Township multiple times, but nothing was done.

The Managing Director of the Clinton County Road Commission says It doesn't deal with trees unless they're on the road. So even though people asked the Road Commission to deal with it, it was really up to the person who owns the land.

"This tree is outside the travel portion of the right of way, we maintain the travel portion of the right of way and anything outside of that we deem as the responsibility of the homeowner," Joseph Pulver said.

The Road Commission is going to let it stay the responsibility of the homeowner, even after the accident that killed a driver Monday.

"We're still looking into it. But at this time, we are not going to remove it," Pulver said.

FOX 47 News asked when the Road Commission does step in and remove a tree.

"Typically, we're not in the tree removal business. We are trying to maintain the roads in a safe and reputable manner," Pulver said.

"So are you guys saying you aren't at fault for this even if you knew the tree was dangerous?" FOX 47 News's Megan Hiler asked.

"I can't answer that at this time," Pulver said.

The Road Commission added that people should still call them about dangerous trees, even though it's the responsibility of the homeowner.