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E-M:/ 100 year old oak



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Enviro-Mich message from anne.woiwode@sfsierra.sierraclub.org
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Tim:

First, she should check her deed to see if it lists any easements in the site
of the oak tree.  In Meridian Twp a woman successfully stopped the Road
Commission from cutting down her trees and widening the road when the deed
clearly demonstrated that the lot was a meets and bounds lot which did not
have the standard Road Commission 66 ft wide easement on it.  She DID have to
go to court, unfortunately, but that is the first step.  Sounds like getting a
surveyor may be a good idea, but she should check her deed first because it is
CLEAR mistakes a often made.

If an easement does exist, you don't indicate who the whackers are, but
depending on who has the easement and wants to cut, it gets a lot murkier.
The courts have not been kind to those who seek to stop cutting of trees in
valid easements. The Road Commissions are public bodies, but are at least one
step removed from public pressure because they are appointed by County Boards.
Where people have won such fights it has largely been by turning up the heat
on the Road Commission and the County  Commission that appoints them.

Good luck!

Anne




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Enviro-Mich message from "timothy p. killeen"
<timothy_killeen@dpsnet.detpub.k12.mi.us>
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Folks,

     I've been contacted by a Sierra member in Washington Twp., Macomb
Co. that had a crew cutting down trees, including the old oak. She is
not sure if it was on her property and is looking for a surveyor. What
should her course of action be? She sounds as if she would like to make
the responsible party pay.

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ENVIRO-MICH:  Internet List and Forum for Michigan Environmental
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