Baton Rouge, LA asked in Land Use & Zoning and Real Estate Law for Louisiana

Q: Entergy cut down 2 of my trees on my property without my consent. Should they have obtained my consent prior to cutting?

1 Lawyer Answer
Christie Tournet
Christie Tournet
Answered
  • Real Estate Law Lawyer
  • Mandeville, LA
  • Licensed in Louisiana

A: Normally, yes. Funny to see this question pop up, as Investigative Journalist, Lee Zurik, just did a piece on a Parish Government doing something similar (Plaquemines, I believe). Caveats come into play, if there is a prior servitude in Entergy's favor, if a survey actually designates the tree as outside of your property line, or if there was local government involvement and there was some dire, "public need" for removal. But, in that last scenario, the local government should 1) hopefully, first contact you and 2) reimburse you. I would start by trying to confirm the first two items and if you feel confident that Entergy goofed, send a demand for replacement or compensation to both Entergy and local, governing body, if applicable.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.