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following up on an answer to this question, that says that the requirement applies to birds you find "in the wild">

A person has a tree that has its trunk on his property. Some of the trees branches hang over into the public sidewalk. The town's law states that home owners must trim the lower branches of all trees that interfere with people walking on the street, (I mention this as it may influence the answer in terms of what may be considered "public" for this situation.)

If a bird builds a nest in one of these branches that hang over into the public domain, and assuming that I want the eggs or chicks, do I have to chase the bird away prior to cutting the branches per town law? Or, are those branches and the nest considered on my property and not "in the woild", thus exempting me from this requirement?

  • "prior to cutting the branches per town law" Do you want the kids or not? – Double AA Apr 26 '15 at 23:58
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    It's not a matter of in your property or not, its a matter of under your control or not. Birds in the nests on top of your air conditioner get the shiluach treatment. – user6591 Apr 27 '15 at 0:16
  • @Double perhaps you meant to say 'do you want to take the kids or not'? – user6591 Apr 27 '15 at 0:17
  • @user6591 "Birds in the nests on top of your air conditioner get the shiluach treatment". Your A/C is your property but it protrudes into, perhaps, public domain, if it faces the street. This would be the same idea as the tree. Can you source your claim as well as explain if there's a difference if the A/C protrudes in your back yard which is completely private property, which may exempt you from doing this. – DanF Apr 27 '15 at 14:34
  • @DanF That does not matter at all. See Shulchan Aruch Yoreh Deah 292 siff 2. If you are really interested in the subject I would suggest learning that siman, it's not long. There are also a few modern sefarim with modern day opinions. One that comes to mind is Shaleach Tishalach. – user6591 Apr 27 '15 at 15:07

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