§ 322. Trees, removal from highway bounds. Any tree standing or lying
on land within the bounds of any highway shall be for the proper use of
the owner or occupant of such land. Except in villages of the first and
second class, no growing tree shall be cut down, removed or destroyed
without the written consent of (a) the commissioner of transportation,
if it is within the bounds of a state highway, or (b) the county
superintendent, if it is within the bounds of a county road, or (c) the
town superintendent, if it is within the bounds of a town highway. Where
a right of way has been or shall be acquired, under the provisions of
this chapter, for a highway of any class, the owner of the tree shall
have and may harvest for his own use the fruit upon all fruit-bearing
trees left standing from time to time within the right of way so
acquired.