Question regarding a tree on city property

[ls1bandit]

What is the name of your state? California.

I wasnt really sure where to post this but basically there is a tree that is on the city property right in front of my house. The roots from this tree has pushed the sidewalk up into my retaining wall and has caused a crack in the wall. I called the city and they said that while it is on the city property it is my tree and that i have to fix it. They will come and fix the sidewalk but i would have to trim the roots back myself but not until i got a permit. Do i have any kind of legal leg to stand on if i were to try and sue to have my wall fixed?

 

[CALIF-PRO36]

What is the name of your state? California.

I wasnt really sure where to post this but basically there is a tree that is on the city property right in front of my house. The roots from this tree has pushed the sidewalk up into my retaining wall and has caused a crack in the wall. I called the city and they said that while it is on the city property it is my tree and that i have to fix it. They will come and fix the sidewalk but i would have to trim the roots back myself but not until i got a permit. Do i have any kind of legal leg to stand on if i were to try and sue to have my wall fixed?

My response:

Nope. Right after Proposition 13 passed in 1978, the various counties did a complete re-write of their Municipal Codes, placing the homeowner in the shoes of "responsible party" instead of the county/city when it comes to trees doing damage to a homeowner's property. You're stuck.

IAAL

 

[CdwJava]

My parents had the same issue here in CA and they had to foot the bill even for the sidewalk repair. My city will pay for the sidewalk, but the homeowner is responsible to trim the tree roots back.

Sorry, but as IAAL said, you are out of luck.

- Carl