322

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.