Legal with Leah: Eminent Domain and Quick Take
Ohio Farm Bureau Associate General Counsel Leah Curtis explains how the eminent domain process works in Ohio, what ‘quick take’ means and when it can be used.
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Ohio Farm Bureau’s legal team spends plenty of time writing briefs or reviewing case law for high-profile ag litigation, but most of the time members need guidance about disputes close to home.
Sometimes, very close – such as what to do about trimming your tree’s branch that’s over a neighbor’s property line, or getting the correct woodland calculation in the Current Agricultural Use Value program when cultivating trees as a commodity.
Common landowner questions are covered in the Ohio Landowner Toolkit. It’s the kind of legal resource available free to Ohio Farm Bureau members.
When a neighbor’s tree branches out over your yard or its roots creep past the property line, it’s important to handle the situation properly, or it could end up costing a small fortune, according to Leah Hetrick, director of legal education and member engagement for Ohio Farm Bureau.
“If you harm or damage a tree that’s not your own, or if you cut down a tree that’s not your own, you can be liable for three times the worth of that tree, which can get pretty pricey depending on the type of tree,” she said.
She added that if a tree is on a property line, both individuals own it and have property rights in it. Therefore, she advised knowing Ohio law and which one applies to your situation before firing up your chainsaw.
“Tree laws are one of those kind of sneaky laws,” she noted. “It’s something you don’t really think about until it becomes a problem.”
Here’s a look at some of the most common questions the Ohio Farm Bureau legal team receives when it comes to trees and rogue branches and how to proceed legally:
My neighbor’s tree branches are hanging over my property. Can I cut them down?
In short, yes, a property owner can clear the airspace on their property. However, Hetrick said if the tree is damaged or harmed during the process, the property owner who caused the damage could be held liable.
“For typical trimming, as long as the tree remains healthy, it’s fine,” she said.
My neighbor’s tree fell into my yard. Can I get rid of it?
Since the tree still belongs to the neighbor, Hetrick noted it’s best to talk it over first to determine the best course of action. Although an individual can remove a tree from their property, the owner has a say in what happens to it. For instance, any money from selling the tree goes to the owner.
“You can’t just sell off the tree and think that you can pocket that money,” she said. “It’s not your tree, even though it fell [on your property].”
A branch from my neighbor’s tree fell on my house/broke my fence. Are they responsible for the damage?
In Ohio, Hetrick said, individuals are not responsible for damage caused by natural acts, such as from a windstorm or thunderstorm. However, if a property owner is aware that something is wrong with a tree and did nothing to correct a dangerous situation, he or she could potentially be held liable for any damages caused.
“If there was something wrong with the tree, or if that branch was hanging from a tree and was clearly dead, and you knew it made a dangerous situation, or you could see that branch was going to fall one day, and you did nothing about it, then there could be some liability,” she said.
For larger issues, like a tree falling on a house, Hetrick suggested consulting with your insurance company before attempting to sort out the details with neighbors.
Be a good neighbor
Not all disputes have to be a conflict between neighbors, Hetrick said. Sometimes, all it takes is a civil conversation to determine the best course of action that satisfies both parties.
“Just be a good neighbor,” she said. “That’s always my first piece of advice with anything that deals with property. Open communication fixes a lot.”
Deciding on who will pay for the work, who is going to get the money from the sale of the wood and other details should then be documented in a written agreement and signed by both parties.
“Have something in writing when everyone’s getting along,” Hetrick suggested. “And then if it does get to the point of speaking to an attorney about your options, you have something to work with as far as what is the best way to go.”
When it comes to safeguarding yourself against lawsuits or other potential disputes, Hetrick recommended being vigilant and taking stock in the trees on your property.
“In some cases, people have a lot of land. So, if you see a dead tree and it looks like it’s about to fall on something, make sure you take it down,” she said. “Just be a reasonable person when you see situations that create a risk of harm, and make sure you’re being proactive.”
Trees as farm income
For those who do have plentiful trees, Ohio Farm Bureau member Tom Mills recommended taking stock in forested acres as potential income.
“Trees are just as much an important commodity as beans and corn,” said Mills, one of the owners of Britton Farm in Noble County, and an Ohio Tree Farm Committee member.
Income-generating forests also fall under CAUV guidelines. Ohio Farm Bureau, along with the Ohio Forestry Association, advocated for years to correct woodland calculations in the CAUV program. In 2024, the Ohio Department of Taxation addressed those inaccuracies, resulting in significant tax savings for woodland owners who monetize their trees.
Harvesting a healthy forest takes time, maintenance and care, too, Mills said.
“Just like managing a bean field or a corn field, taking care of [a tree stand] increases the quality and increases the value of what you have there and what you can procure when you harvest,” Mills said.
Overall, proper care, maintenance and communication are all essential parts of the process when it comes to trees, whether you have a few maples dotted across the yard or acres of bark and leaves across the landscape.
KEY POINTS
- Trees on your property are your responsibility.
- Owners generally won’t be held liable for natural acts of a tree falling on a neighbor’s property.
- Ongoing proper tree maintenance can save both time and money.
- Forested acres can be potential income.
WHAT’S NEXT
- Where will members find the most comprehensive information regarding Ohio tree laws? In the Ohio Landowner Toolkit, a member-only benefit of Ohio Farm Bureau. Unless it is an area of law you have branched into before, controversies stemming from trees can initially stump Ohio landowners. Included in the toolkit is information about tree ownership, encroachments, tree removal or damage, and falling trees or branches.
- The Ohio Landowner Toolkit can be downloaded at ofb.ag/landownertoolkit.
Ohio Tree Farm of the Year Tour is Sept. 6
Moser Woods Tree Farm, owned by Mary Anne Moser, has been recognized as the 2025 Ohio Tree Farm of the Year. Son Chris Moser is steward of the tree farm, while his brother, David, owns the farm in Putnam County. David is also vice president of the Putnam County Farm Bureau. The family has been managing their woods for 75 years through five generations.
Visitors can tour the 12-acre farm in Bluffton, Ohio, on Sept. 6. While there they will learn about being a tree farmer, developing a woodland management plan, improving timber stands, regenerating oak trees, identifying trees/shrubs, harvesting timber, establishing young forest habitat and vernal pools, producing maple syrup and more.
Specialists from Ohio Farm Bureau, Ohio State University Extension, ODNR and USDA will be available to talk about cost share programs and managing a healthy forest as well. Call 419-721-1465 for more information.
My first recommendation in your journey is to start out with a local farming friend or mentor along with joining an organization like Ohio Farm Bureau.
We’re just so thankful for the Farm Bureau and the foundation for helping put this together. And of course, the Boyert family for the vision they had with this grant. It’s jumping us forward 10 years. It’s unbelievable.
I could not have done it without the resources I have found through Farm Bureau.
It wasn’t until I joined the Wilmington College Collegiate Farm Bureau that I truly saw how my passion could translate into leadership, advocacy and a career.
The issue of property taxation remains as one of the biggest challenges our members face today. Ensuring agricultural property is valued for its agricultural potential and not development is critical to the continued success of Ohio agriculture.
Through the Select Partner program, we became educated in farm insurance and weren't just selling policies. It became more and more clear why farmers need an advocate like Ohio Farm Bureau.
So many of the issues that OFBF and its members are advocating for are important to all Ohioans. I look at OFBF as an agricultural watchdog advocating for farmers and rural communities across Ohio.
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