Voluntary assumption of responsibility between parties is essential to a free market and has been used in the contracting industry to create efficiencies and lower costs to property owners, tenants, and consumers. Prohibiting free contracting in this case would result in more lawsuits.
Property Rights
Housing Is Too Expensive. Blame Your Local Tree Ordinance.
Matthew Bernard wanted to build a home. He bought a small lot in Oakland, California, and began clearing several diseased and fallen trees that the local fire department had identified as hazards. The result was a $915,000 “mitigation fee” from the city of Oakland—nearly five times the value of the lot itself. Under Oakland’s tree ordinance,...
August 27, 2026