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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 tree branches hang over into the public sidewalk. The town law states that home owners must trim the lower branches of all trees that interfere with people walking in the street, (I mention this as it may influence the answer in terms of what may be considered "public" for the situation.)

Suppose, a bird builds a nest on one of these branches that hang over into the public domain. Assuming that I want the eggs or chicks, do I have to chase the bird away prior to taking the eggs of chicks, and then cut the branches per town law? Or, are those branches and the nest considered my property and not "in the wild", thus exempting me from the requirement to chase?

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  • "prior to cutting the branches per town law" Do you want the kids or not?
    – Double AA ♦
    Commented Apr 26, 2015 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
    Commented Apr 27, 2015 at 0:16
  • @Double perhaps you meant to say 'do you want to take the kids or not'?
    – user6591
    Commented Apr 27, 2015 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
    Commented Apr 27, 2015 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
    Commented Apr 27, 2015 at 15:07

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From the argument in Gemara Bava Metzia 118b-119a there are opinions that what grows from a trunk belongs to the owner of the tree. Therefore, the nest can be acquired and excempt from the mitzvah of Shiluach haKan. At the same time, according to some authorities, the owner of the tree may declare the nest hefker in front of 3 people and proceed with fulfilling of the mitzvah as detailed in the Star-K article.

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