[StBernard] St. Bernard government authorized to cut dead trees on private property

[Westley Annis]

St. Bernard government authorized to cut dead trees on private property
Posted by St. Bernard bureau August 09, 2007 9:55AM
By Bob Warren
St. Bernard bureau

Hoping to clear the parish of potentially dangerous debris before any
tropical weather threatens, the St. Bernard Parish Council has authorized
parish government to enter private property to take out dead trees and
brush. 


Parish President Henry "Junior" Rodriguez told the council at its meeting
this week that dead and damaged trees in danger of falling across evacuation
routes or on homes will be the priority. 

"This is a very serious problem," Rodriguez said. 

Rodriguez said United Recovery Group, the parish's debris-collecting
contractor, won't go on private property without the authorization from the
government. He said the Federal Emergency Management Agency will reimburse
the parish for taking out the trees and other debris; otherwise the parish
doesn't have the money to cover it. It isn't known how much it will cost to
sweep the parish for dead trees. 

But while most council members supported the measure, Councilman Lynn Dean
said the measure raises constitutional issues. 

Dean argued that government shouldn't have the right to enter private
property to take down trees, even those that might pose a danger to the
community. If a neighbor is worried about another neighbor's dead tree, he
should take him to court, Dean said. 

"This is unconstitutional what we're trying to do here,'' he added.

Rodriguez and other council members said they share Dean's property-rights
concerns, but that the trees and other debris pose a danger to the community
that must be dealt with quickly. 

"It's imperative that we move on this," Councilman Craig Taffaro said. 

Councilman Mark Madary, meanwhile, said the parish might have only a small
window of opportunity to take down the trees before a storm threatens. 

"We do have the right to protect the public," Madary said. 

The measure was approved in a 5-1 vote. Madary, Taffaro and council members
Judy Hoffmeister, Kenny Henderson and Joey DiFatta supported it. Dean
opposed. Councilman Ricky Melerine was not at the meeting.