It’s my tree. Why can’t I cut it down?
When Sarah Bond bought her dream home in Portland, she thought she’d finally achieved full ownership—until a 100-foot-tall leaning Douglas fir became a constant threat. Despite her fears, the city denied her request to cut it down, citing neighborhood character and ecological value. For years, she lived in fear of the tree falling on her family. Then, during a violent ice storm, it finally did—crashing through her roof, narrowly missing her daughter, and killing one of her cats. The city’s response? Demand a $700 retroactive fee for the lost tree canopy. This moment pushed Sarah to sue—not over constitutional rights, but for compensation for trauma, fear, and property damage. Her case, alongside a landmark Michigan ruling that struck down a one-size-fits-all tree fee, reveals a growing national tension: who owns a tree—property owners or the community? As cities increasingly protect urban forests for climate resilience, homeowners are questioning whether their property rights have been eroded. The fight isn’t just about trees—it’s about control, safety, and what it really means to own land in America.
Cities like Portland and Canton now require permits to cut down large trees, citing ecological and community benefits.
Homeowners can be fined over $10,000 for removing trees without approval—even if the tree is dangerous.
A 2021 court ruling in Michigan invalidated a blanket $500,000 fee for tree removal, calling it an unconstitutional taking.
The Supreme Court has ruled that excessive permit fees or forced tree retention can count as a 'regulatory taking' under the Fifth Amendment.
After a tree fell on her house, Sarah Bond sued Portland for compensation—not for the tree, but for the psychological toll and safety risks.
…and 3 more takeaways available in PodZeus
The Dream Home and the Looming Tree
“I was like, what? And I just started like, I was like, no way.”
The Battle Over Ownership
“This tree wasn't going to like fall and, you know, put a hole in our roof. It was going to fall and we would be lucky to walk away.”
Canton’s Tree Law and the Legal Backlash
“If the government just came and stood on your property and occupied it. That part of the property that they occupied, they've really just taken possession of it.”
The Constitutional Challenge
Lawyer Chance Weldon argues that mandatory tree retention amounts to a 'regulatory taking' under the Fifth Amendment. The Sixth Circuit rules that Canton’s flat fee system was unconstitutional, forcing the town to revise its policy.
The Tree Falls—And the City Demands Payment
“The city says you are going to need to pay for a retroactive permit. For the tree that fell, you know, to compensate the community for the loss of the benefits of that tree.”
“The city says you are going to need to pay for a retroactive permit. For the tree that fell, you know, to compensate the community for the loss of the benefits of that tree.”
“So if you think about if the government just came and stood on your property and occupied it. That part of the property that they occupied, they've really just taken possession of it.”
“This tree wasn't going to like fall and, you know, put a hole in our roof. It was going to fall and we would be lucky to walk away.”
Hosts
Guests
Portland
place
Sarah Bond
person
Canton Township
organization
Chance Weldon
person
Anne-Marie Graham Hudak
person
Joel Bond
person
Fifth Amendment
other
Douglas fir
other
Binks
person
Sixth Circuit Court of Appeals
organization
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