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Part 8 · Rights of Way and Shared Use  ›  Division 1 · Rights of Way › Section 131

Protection of tree plantings

(1) Tree plantings on and along the ways of communication and rural service ways within the meaning of section 134(1), first sentence, point 3, are to be protected as far as possible, and regard is to be had to the growth of the trees. Pruning may be required only to the extent necessary for constructing the telecommunications line or preventing operational disturbances; it is to be limited to the extent absolutely necessary.
(2) The holder of the right of use must set the possessor of the tree plantings a reasonable period within which the possessor may carry out the pruning itself. Where the pruning has not been carried out within the period, or not sufficiently, the holder of the right of use carries out the pruning. It is also entitled to do so where this concerns the urgent prevention or removal of a disturbance.
(3) The holder of the right of use compensates for damage caused to the tree plantings and the costs of pruning carried out at its request.

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