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What happens if a tree growing on a railroad right-of-way falls on my house?

Question Details: I live next to the railroad and there is a giant dying tree on their right of way. We asked for them to come cut it down, but they didnt want to pay for it. We have tried to hire a tree service to cut them but they can't cut without a RR permit. The RR won't issue the permit and is holding everything up. If this tree falls on our house, who is responsible for taking care of the damages? The RR company or us? Will our homeowner's insurance pay for it, or make the RR pay for it?

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