CITY CAUGHT BETWEEN TREES AND LIABILITY

In a city filled with stately, century-old trees, it hurts to see one felled. Such was the case in recent weeks, when the city of Cape Girardeau cut down more than 40 giant trees in older city neighborhoods. These trees were located in the grassy area between the street and sidewalk.

Most of the trees marked with a giant "X" were cleared in short order. At least one -- at the corner of Themis and Lorimier -- partially remains, but it too will be cleared away.

It is easy to blame the city for felling these leafy giants. But the city had limited choices in a lawsuit-happy society.

The removal was part of the city's sidewalk replacement program. Sidewalks are important not just for safety, but in helping to create a real neighborhood. But oversized tree roots have damaged sidewalks and4 streets.

The city was also faced with a genuine liability issue. Buckled sidewalks, curbs and gutters make walking hazardous and puts the city at risk of lawsuits. In replacing sidewalks, the city may have to cut tree roots, which may weaken large trees. Missouri cities have been successfully sued for not removing trees that fell down.

All of the property owners whose trees were cut down were offered the chance to assume the liability of keeping the tree. But who can blame them? Even a settlement could prove costly.

On the other hand, the city might have benefited from a little advance public relations on its part before the massive cutting. If more people were better prepared about the project and the reasons behind it, many of the concerns might have been eased.

After all, Cape Girardeau has a proud tree heritage. The city has received seven awards in the last seven years for its trees, including the Governor's Town Treescape Awards and the Branch Out Awards from the Missouri Department of Conservation.

Cape Girardeau County is also home to more state champion trees than any other county in the state. There are 118 state champion trees, and 12 are in Cape Girardeau County. That demonstrates a real commitment on the part of residents, the city and county to its trees.

The city's historic preservation committee and chamber are working to draft an ordinance that would designate Cape Girardeau as "Tree City USA." This would spell out tree planting, preservation and removal throughout the city. This designation might prove a worthy balance between tree preservation and the city's litigation liability.