City Comes Through Storm Relatively Unscathed
By STEPHEN SIEGEL
Falls Church Times Staff
October 30, 2012
Despite catastrophic predictions along the lines of last summer’s destructive “derecho,” Falls Church City appears to have been relatively unscathed by the giant tropical-winter storm hybrid Hurricane Sandy, according to interviews and observations.
That’s not to minimize the damage that did occur. Some residents still don’t have power, many businesses are closed, and at least one major artery in town is blocked by a fallen tree, which took the power lines with it.
But the numbers pale compared to the derecho.
A Falls Church Times review, which admittedly is not exhaustive, found only two roads blocked by trees around noon Tuesday, and only one that is a busy thoroughfare: Lincoln Avenue, which is closed at the 400 block, near the Arlington and Fairfax borders.

The other impassable street is Irving, a one block road that runs between Ellison and Parker. Two cars are imprisoned on Irving as well, although they don’t appear to have suffered significant damage.

Other observations of storm damage include trees down in a variety of yards, including one that took down a power line on Villa Ridge. Time staffer Kathleen Nixon reports that a tree fell onto the addition of a home on Forest Drive. The flashing red by Thomas Jefferson Elementary School was not functioning as of 12 pm.
Power outages were significant, but not overwhelming. All traffic lights (other than the aforementioned four-way stop) appeared to be working, but the light at Little Falls and Great Falls was on only by virtue of a generator. Residents nearby at Maple and Great Falls had their power out and were using an inverter to power some of their home’s systems.
Many businesses were open, but not all. Giant Food was open, as was Panera and Papa John’s, which appeared to be delivering pizza. But Mad Fox was closed. The Local Market was open, while the nearby Broaddale Center had an empty parking lot, presumably because of a lack of power.
A street light pole had been toppled in the 200 block of West Broad, just east of Maple, and a house on Buxton appeared to have suffered some roof damage, because it had a blue tarp atop it. Trees were observed down in front yards on Lee and Parker, but the roads were clear. Rite Aid and Taco Bell were open, as was BJ’s Wholesale.
Multiple Times staffers report that Four Mile Run did not flood where it goes under Van Buren, as it did in the megastorm of 2011. Staffer Stephen Hiscott wrote via email that “a huge tree fell in the back of the Falls Church Presbyterian parking lot, but didn’t damage a neighboring fence or hit the boy scout trailer a few feet away.” He continued: “I suspect the majority of the tree is still there. The sexton was clearing smaller limbs with a chainsaw.”
Staffer Barb Cram reports minimal damage, even to her giant campaign sign near Cherry and Columbia. But she did get water in her basement. But she wasn’t complaining. “I think we were really lucky,” she wrote via email.
The Community Center lost power and switched to a generator on Monday, Times staffer Stan Fendley reports. He did not know if the power had been restored Tuesday. Kent Taylor, who lives on Lincoln, also reports that he lost two 50 foot trees. Mr. Taylor kindly sent along this photo, featuring Tyler Taylor and Ben Kravinsky:

Lincoln appeared to be among the hardest hit streets, as this house just a couple of blocks from Mr. Taylor also lost two trees, one that was toppled, and another that was uprooted:

Dominion Power’s online map of power outages showed no major power interruptions, but around 1,000 customers in Falls Church City without power. Larger interruptions in Northern Virginia were in south Arlington, near Interstate 395, and, closer to home, there appeared to be a sizable area without power near Shreve and Fairwood, in Fairfax County.
Times readers are encouraged to help update any storm-related information.
By Stephen Siegel
October 30, 2012




We live at 602 Randolph Street and are in the difficult position of leaving our home which is in eminent danger of being flattened by our neighbor’s 120 ft. tulip poplar what was damaged in the storm and is leaning over and toward my home. We do not have control of the situation because it is not our tree, but owned by a landlord who rents out the home. It is too unsafe for us to allow our children to sleep in their bedroom and we are all sleeping and living in the small basement. We will have to bring a lawsuit and probably evacuate our home. We are being truly harmed by this catastropic situation and the lack of responsible action by the landlord next door. We hope that the City will respond and and help one of it’s long time citizens keep our home safe and livable.
Terry, I wonder if you could contact your home insurance company and see if they have any advice. If the tree falls on your house you’ll surely be talking to them – and they may have strategies for working with the owner of the house next door to proactively deal with the tree. Might be a long shot but it’s something.
It’s really lame that the owner won’t deal with the tree!
It is a very difficult subject. Explore the steps you need to have the tree officially recognized as a safety hazard. You could consult an attorney for advice. There are several families I know that have similar problems with neighboring trees that present a danger.
I’m no lawyer, but do have some first hand experience with this type of situation (neighbor’s tree fell on my property). Unless negliegence can be established, a fallen tree is the responsibility of the property owner on whose property the tree falls, not the owner of the property whence the tree came. Generally, if the fallen tree is damaged due to a storm, the tree owner is not considered negligent. Typically, homeowner insurance policies cover property damage resulting from a fallen tree; however, they do not cover the cost of tree removal in cases where there is no damage to your home or property.
Have you tried to contact the other homeowner? That’s obviously the first step. The next step is to contact the City (not sure which department handles this) and an attorney.
I don’t know where Virginia falls on this, but typically when a tree is actually hanging OVER your property, you can remove the part that’s in your domain. That may not be the case here, but it makes sense to have the City and/or an attorney give you advice on your options.
Terry -
This link is informative. Not good news about tulip poplars and storm resistance.
http://www.lsuagcenter.com/en/lawn_garden/home_gardening/trees_shrubs/make+wise+tree+removal+decisions+before+a+hurricane.htm
The Virginia Supreme Court ruled on a similar case in 2007. If the tree is a “noxious nuisance” with regard to your property, you can seek an injunction against the other property owner — an injunction that requires that owner to fix the problem. The 2007 case related to a dispute in Fairfax County; perhaps you should seek out the lawyer or firm who worked that case. Tree disputes are very common in this area, given the older neighborhoods and huge trees.
Link to name and summary of the case:
http://www.chaplingonet.com/trees-over-property-lines-in-virginia/