§ 322 — Trees, removal from highway bounds

§ 322. Trees, removal from highway bounds. Any tree standing or lying\non land within the bounds of any highway shall be for the proper use of\nthe owner or occupant of such land. Except in villages of the first and\nsecond class, no growing tree shall be cut down, removed or destroyed\nwithout the written consent of (a) the commissioner of transportation,\nif it is within the bounds of a state highway, or (b) the county\nsuperintendent, if it is within the bounds of a county road, or (c) the\ntown superintendent, if it is within the bounds of a town highway. Where\na right of way has been or shall be acquired, under the provisions of\nthis chapter, for a highway of any class, the owner of the tree shall\nhave and may harvest for his own use the fruit upon all fruit-bearing\ntrees left standing from time to time within the right of way so\nacquired.\n