*This story has been updated with more information*
TERRE HAUTE, Ind. (WTWO-WAWV) — Terre Haute Mayor Brandon Sakbun issued a statement after a few residents had trees fall onto their homes in the city.
On the Terre Haute Mayor’s Office Facebook page, Sakbun references a tree, from the “city tree row,” that fell onto another home recently. Additonally, on April 2, Terre Haute resident Christoper Hill’s roof was badly damaged by a tree, resulting in Hill sleeping in his vehicle for days.
Sakbun released a statement acknowledging that in January a need for a “right of way inspector” to ensure contractors were complying with city code was expressed. Sakbun also said that a recent update to the city code fell short because it didn’t incorporate tree damage.
Sakbun went on to say that the city is reviewing building permits and working to determine if trees falling are an “Act of God” or due to utility work, stating, “I cannot change the fact that more trees were not removed from 2020-2024 or that there are hundreds of years of case law, to prove that through the “Act of God” clause, the city is not liable. However, we can modernize our city code to attempt to prevent future problems such as this.”
Below is the entire statement from the Terre Haute Mayor’s Office Facebook page:
“Late last night, another tree from a city tree row fell on one of our neighbors’ homes. Our Street Department crew arrived in the early early early hours of the morning. I arrived on scene to meet with the homeowner around 7:50am.
While many of our trees were inspected several years ago (about 3 or 4), there has been a common theme since then. Work has been conducted by several utility contractors that I will not name today. In January 2024, City Engineering and I decided we needed a right-of-way inspector for the city to ensure that contractors were complying with our city code.
In March 2024, we updated our city code to ensure that roads, alleys, and sidewalks were being brought back to standard after contractor work is complete. This was a substantial update to our city code. But I will be honest… we fell short. I did not incorporate tree damage into this exact piece of legislation. We have been examining our city code as it relates to contract work leading to dead trees. An update will likely need to be made. Unfortunately, I do not have a timeline for that update.
What is a right-of-way inspector? This individual checks the work being done by contractors in city rights-of-way. For example, broadband installation in an alley or utility installation near a sidewalk. Nowadays, the right-of-way inspector works with our forester to determine if work being done has or has not damaged a tree in the tree row. If a tree has been damaged, it is marked for removal. From January 2024 to now, we have marked dozens of trees for removal, and several have been because of our new system using a right-of-way inspector working with the forester.
Due to the “Act of God” clause in insurance, the city is unable to write a check to the homeowner. But we are reviewing previous building permits and working to determine if the trees falling were due to “an act of God” (an insurance term) or due to utility work.
I appreciate all of the feedback from rightfully concerned citizens.
I cannot change the fact that more trees were not removed from 2020-2024 or that there are hundreds of years of case law to prove that through the “Act of God” clause, the city is not liable. However, we can modernize our city code to attempt to prevent future problems such as this.
For additional concerns about dead trees or tree limbs that need to be removed, please email mayor@terrehaute.in.gov. Include your address and a picture. We will begin removing trees for the year around the end of May. This year, we will also begin preventative tree maintenance on trees that need limbs removed.
-Mayor Brandon Sakbun
