A.G. Opinion. Tree Ordinances are Likely a Taking. 2 Reasons Why.

KP-0155 sets forth the rational as to why tree ordinances are takings of private property. Here’s the 3 step argument:

• If a tree ordinance denies “a property owner all economically beneficial or productive use of land;” it is a taking that requires compensation.
• If a tree ordinances unreasonably intereferes with use and enjoyment of the property it can also be a taking that requires compensation. You get to this point by looking at 3 issues:
  • Is there significant economic impact to the property owner? 
  • Was the ordinance in place at the time the owner bought the land? It helps the landowner if it wasn’t
  • Is this a case of government intrusion on land and is that greater than the common good government uses to support the ordinance?