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Full Text of HB4622
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HB4622 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4622
Introduced 2/3/2026, by Rep. Charles Meier
SYNOPSIS AS INTRODUCED:
740 ILCS 185/8 new
Amends the Wrongful Tree Cutting Act. Provides that if a tree along a
fence line abutting a roadway is on a property that was formerly used as
farm land and is now owned or managed by the Department of Transportation
and encroaches onto, over, or beneath a neighboring parcel that is
currently used for farming, the parcel owner may petition the Department
of Transportation to remove the tree if the tree's growth is affecting crop
growth or otherwise hindering the parcel owner's economic use of the land
to the extent that the problem can only be effectively remediated by
removing the tree. Permits the neighboring parcel owner to remove the tree
at the parcel owner's own expense without any obligation to compensate the
Department of Transportation for the tree's removal if the Department of
Transportation does not either remove the tree, grant the neighboring
parcel owner permission to remove the tree, or explain in writing why the
tree cannot in good faith be removed within 60 days. Provides that if the
Department of Transportation cannot in good faith remove the tree within
60 days, the maximum delay allowed is an additional 60 days for it to
remove the tree. Provides that if a neighboring parcel owner has been given
authority to remove a tree, the parcel owner is immune from a claim of
damages to the property, except in the cases of gross negligence or willful
or wanton misconduct.
LRB104 17649 JRC 31080 b
A BILL FOR
HB4622
LRB104 17649 JRC 31080 b
1
AN ACT concerning civil law.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Wrongful Tree Cutting Act is amended by
5
adding Section 8 as follows:
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(740 ILCS 185/8 new)
7
Sec. 8.
State tree encroaching on neighboring farmland.
8
(a) If a tree along a fence line abutting a roadway is on a
9
property that was formerly used as farm land and is now owned
10
or managed by the Department of Transportation and encroaches
11
onto, over, or beneath a neighboring parcel that is currently
12
used for farming, the parcel owner may petition the Department
13
of Transportation to remove the tree if the tree's growth is
14
affecting crop growth or otherwise hindering the parcel
15
owner's economic use of the land to the extent that the problem
16
can only be effectively remediated by removing the tree.
17
(b) The neighboring parcel owner is permitted to remove
18
the tree at the parcel owner's own expense without any
19
obligation to compensate the Department of Transportation for
20
the tree's removal if, within 60 days of a request made under
21
this Section, the Department of Transportation does not either
22
remove the tree, grant the neighboring parcel owner permission
23
to remove the tree, or explain in writing why the tree cannot
HB4622
- 2 -
LRB104 17649 JRC 31080 b
1
in good faith be removed within 60 days. If the Department of
2
Transportation cannot in good faith remove the tree within 60
3
days, the maximum delay allowed is an additional 60 days for it
4
to remove the tree.
5
(c) If a neighboring parcel owner has been given authority
6
to remove a tree under this Section, the parcel owner is immune
7
from a claim of damages to the property, except in the cases of
8
gross negligence or willful or wanton misconduct.
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