SHADE TREE LAW IN MASSACHUSETTS 19 



INDEX 



Shade Tree Laws, Historical development 



1856, c. 256 fthe first shade tree law) 4 



1857, c. 115 4 



1859, c. 261 4 



1860, c. 46 4 



1867, c. 242 (the first shade tree law imposing obligations) 4 



1880, c. 62 5 



1885, c. 123 5 



1890, c. 196 5 



1891, c. 49 5 



1892, c. 147 6 



1893, c. 423 6 



1896, c. 190 6 



1897, c. 254 6 



1899, shade tree laws codified and amended 6 



1902, re-enacted in Revised Laws of 1902 7 



1905, c. 279 (the first law relating to shade trees on state highways) 7 



1908, c. 296 7 



1910, c. 363 8 



1915, General Acts, c. 145 — shade tree laws codified and amended 8 



1920, re-enacted in General Laws, c. 87 (the present statute) 8 



Statutes relating to Shade Trees, now in force 

 Chapter 87 (devoted exclusively to shade trees) 



Damages for injury caused by trimming or removal, § 3, 8 11, 18 



Definition of public shade trees, §1 8 



Officers in cities corresponding to tree wardens in towns, § 13 9 



Penalties for violation of provisions of c. 87, §§ 9, 10, 11, 12 16, 17 



Tree Wardens, 



Compensation § 2 10 



Duties § 2 8, 9 



Powers §2 and 7 9, 10, 11 



Powers limited, § 4 11, 13, 14 



Trimming and removal of public shade trees, § 3, 5, 8 11, 14, 15, 16 



C. 40, § 5, cl. 10. Towns may appropriate money for care and planting of public shade trees 8 



C. 41, § 1 21, 23. Appointment and Election of tree wardens 8, 9 



C. 41, § 64. Granting of location for planting trees in public way 10 



C. 48, § 8. Tree warden may hold position of forest warden 10 



C. 79. Damages under law of eminent domain 11 



C. 81, § 13A. Authorizes Dept. Pub. Works to improve certain lands bordering highway . . 16 

 C. 82, § 4. Space may be reserved between side lines of highways or town ways for trees, 



grass and planting 8 



C. 132, § 25. Tree warden may destroy tree insects 10,11 



C. 180, § 3. Corporation may be formed fur improving and ornamenting streets 8 



Court Decisions regarding shade trees 



"Approval" defined 14 



Care of public shade trees 9, 10 



"Control" defined 10 



Damages by falling tree 11. 12, 18 



Removal of trees 14, 15 



Selectmen's power over trees 14 



Town not liable for negligence of tree warden 9 



Tree warden a public officer 9 



Trees may constitute a nuisance IS 



Trimming trees, authority for 15 



Publication of this Document Approved by the Commission on Administration and Finance 

 5ra 2-'38 No. 3120. 



