LOUISVILLE, Ky. (WDRB) -- For over a month, two neighbors have been concerned over a tree, dangling over their homes. The problem with removing the tree is that it is uprooted from a cemetery, and no one is taking responsibility for it.
Patrick Curl has lived in his home with his wife for more than 30 years.
His property, and a few others, line the perimeter of a cemetery, dating back from to 1800s.
"We have been here 31 years, I think in August. Cemetery has been a problem for 31 years," Curl said. "There was probably 10, 12, 15 plots."
The headstones bear the Heatley family name, but the Jefferson County Property Valuation Administrator lists the property owner as "unknown."
That is what has caused Curl and his neighbor problems.
Early April's severe weather uprooted a tree from the abandoned cemetery property. It now dangles over Curl's home, and his neighbors', as it was caught in between the fork of a dead tree.
"You can see this tree has been uprooted and is being suspended by a dead tree on my neighbor's property," Curl said.
Curl contacted his councilman Rick Blackwell, as well as his neighborhood homeowners association about removing the tree, but was told its the other agency's problem to take care of.
The HOA president, Angelique Sohm, told WDRB she was advised the cemetery is private, and not part of the neighborhood, therefore there is nothing the HOA can do about taking the tree down.
Sohm said she is looking into the articles of incorporation to see if there is something about the cemetery, and said the HOA will try to help in any way to resolve the matter.
Councilman Blackwell told WDRB in a statement:
"My office has been contacted by two constituents regarding the uprooted tree in the small cemetery located at 7000 R Honiasant Road. We certainly understand their concerns and have worked to find a solution. Our District 12 staff has reached out to the following agencies for assistance: Department of Codes & Regulations, Department of Urban Forestry, Metro Parks, Jefferson County Attorney’s Office, Kentucky Heritage Council, Kentucky Historical Society, and the neighborhood homeowner’s association. Each of those agencies have advised they cannot provide assistance.
Unfortunately, the developer in the 1970s was allowed to build homes around the area but avoid taking ownership and responsibility for this cemetery. The dilemma is the tree is now on private property with no known owner. The city cannot cite or fine since the owner is unknown. The city also cannot perform any work on private property with public funds. The last advice that was shared with the complainant, was to contact their insurance company to have the tree removed, or have it removed on their own.”
Curl said he has already touched base with his insurance, related to other damage his home sustained during the storms. He said insurance told him there's nothing they can do until if and when the tree falls.
As for tree removal, Curl also said he received three quotes. It ranges from $12-15,000.
"We haven't contacted an attorney yet, but we gotta do something. We just can't handle that cost, especially when it's not our problem, but it is our problem but it's not our responsibility I guess you'd say," Curl said.
Meanwhile, Curl is caught in the middle, holding his breath, every time a storm rolls in, or the wind picks up.
"We just wait and see what happens, but I don't want to wait very long cause it's just too dangerous," Curl said.
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