Municipal tree-cutting ordinances are more than a nuisance; they effectively seize the property impacted by the regulation. If a landowner wishes to remove a tree in order to construct an improvement—such as a backyard swing set—and cannot, that area has been taken by the government without any compensation.
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