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?

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you go to AttorneyPages.com and retain an attorney to represent you.