Payne in My Yard

DISCLAIMER This article is NOT intended to provide any form of legal advice; rather, to inform the reader of a situation that I personally experienced, and, in an effort to inform any property owner who may have a dead tree in their front yard, or alley way. This is what I was informed of by the Texas Municipal League, the City of Olney’s Insurance Pool.

My journey began in April of 2022 when a branch broke off of a tree in the front yard of my rental property and struck a vehicle belonging to my renter. When I received a call from the renter, I contacted my insurance company. Come to find out the tree was on City of Olney property, and not on my property, according to my survey. I then informed the City.

On May 31, 2022, the former City Manager and former City Code Enforcement Officer paid a visit to my renter and informed them that the tree was on my property. I happened to be out of town at the time and drove to Olney and presented the City Manager with a copy of my Certified Survey. In her infinite wisdom she not only felt she was qualified in survey matters, but also informed me that my surveyor was wrong and that my property extends from the center of the street to the center of the alley. Not satisfied with her answer, I had my surveyor call her and she told him he was wrong!

So on June 28, 2022, I sent a certified letter to Mayor Rue Rogers along with a copy of my certified survey and a copy of the original Platt Map. I was informed that I would receive a call from the City Attorney. I called his office several times and have yet to receive a call back from the City Attorney in THREE YEARS!!!! I also went to a City Council Meeting and raised my concern and again was told I would receive a call from the City Attorney.

Lo and behold, the tree fell over on June 22, 2025 and not only damaged my carport, it was hung up and leaning on it. Concerned with the position of the tree, I purchased yellow “Caution Tape” and wrapped it around the area of the fallen tree and informed the City that their tree had fallen and caused private property damage. I was emailed a Texas Municipal League Claim Form from the City, filled it out and hand delivered it to the City. After waiting patiently for 3 MONTHS, I called the Texas Municipal League Claims Office and was told that they had never received a Claim Form from the City of Olney.

I again called the City of Olney and informed them that the Texas Municipal League had never received my claim form. I requested they resend it along with a copy of the email sent to me. Shortly thereafter I received an email from the Texas Municipal League who had assigned an adjuster to my claim.

It didn’t take long for the adjuster to determine the answer. In the real life Olney Property Monopoly Game, the City has a permanent GET OUT OF LIABILTY FREE CARD! That’s right, even though the tree is, in fact, on City property!

Here is the Law: “SUBCHAPTER B. TORT LIABILITY OF GOVERNMENTAL UNITS Sec. 101.021. GOVERNMENTAL LIABILITY. A governmental unit in the state is liable for: (1) property damage, personal injury, and death proximately caused by the wrongful act or omission or the negligence of an employee acting within his scope of employment if: (A) the property damage, personal injury, or death arises from the operation or use of a motor-driven vehicle or motor-driven equipment; and (B) the employee would be personally liable to the claimant according to Texas law; and (2) personal injury and death so caused by a condition or use of tangible personal or real property if the governmental unit would, were it a private person, be liable to the claimant according to Texas law.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.”

A prudent person, of average intelligence, may have to read the above quoted section of the Texas Tort Claims Act a couple of times in order to fully grasp the magnitude of the Law. It’s their tree, it’s your problem! Good luck if somebody gets hurt while you trespass on City property cut it down!

In conclusion, I honestly believe, based on the former City Manager’s actions, the City was not aware it was their tree.