Yes...very interesting. Did some poking around and research on various AZ government and legal websites for info and to satisfy my own curiosity.
Here's what I found. (If anyone has more recent info past 2010 please share).
Here in AZ it is funny but not funny really. Again really bad sitcom material. It is a case of T.S. when someone's monster plant falls on your property or possessions. What's worse is you have to pick up the tab for it!
Legally if a neighbor's Saguaro falls on your land because of an 'Act of God' you're responsible because an 'Act of God' can neither be predicted nor the direction of the plant's fall predetermined. (Uh...I beg to differ since we live in a desert, know botanical facts, have eyes and laws of gravity...but I digress).
If the Saguaro didn't split or break and is in good condition you can call a cactus removal service. They'll take it and charge the neighbor for the removal and they will replant it for free. YOU still have to pay the transport fee.
Less you mistake this for a good deal you do the math. A 20' Saguaro with 10-20 arms requires a 4-6 man crew, a large crane, a certified professional crane operator, a flat bed truck and liability insurance because you are transporting approximately 16,000 pounds of unevenly distributed weight!
Yep. Neighbor is taking the majority of the hit but you are by no means getting off cheap! (Also go back and take a look at my friend. He probably tops 30 feet considering he is taller than the power lines--add some serious bucks per additional foot over 20 feet in size!!!)
As for your personal property damage---too bad. If your neighbor knows the law you're up the creek without a paddle because they're off the hook and not responsible for random 'Acts of God' despite the fact they commit acts of stupidity every day.
If your neighbor is a somewhat decent human being, does not know the law or ... ahem, remains uninformed of the law you can ask them to pay for half of the damages to your property and the removal and just may be lucky enough to get it from them. If not it is your financial headache. (Keep in mind AZ's hand gun laws are liberal but penalties for brandishing a weapon in public and indiscriminate use of a fire arm resulting in homicide are not.
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The only 'legal loophole' to get you off the hook that I could find was providing you had the presence of mind to c.y.a. a year or so prior and call the Dept. of Agriculture and/or Bureau of Land Mgmt. and say you want this thing relocated. You can make a request for cacti relocation regardless of it being your cacti or someone else's. Then it is on record you made a request of this potential mishap.
This 'loop hole' may let you off the hook for the transport costs but NOT the property destruction you incurred.
Now three interesting things at this point when it comes to laws and government shuffling responsibility around.
1.) AZ, as a public land state, says you have the right to do what you want on your property. Major restrictions apply to Saguaros because damaging, harming or cutting them or cutting them down is a felony. You will face fines and/or felony criminal damage charges. So there's a catch already. It is on your land. You own it sort of BUT don't own it because it is protected and the government won't let you do anything about or with it.
As a 'landowner' you are required to notify the Dept. of Agriculture and/or the Bureau of Land Mgmt. so they can put a tag on it and give you a permit (costs you $8.00 :rolleyes:) if you want it removed. This also applies to Saguaros and a variety of other cacti on or not on your property!
You are at liberty to sell the plant but first you must get that permit and tag. Some nurseries will buy and relocate it for you but if you sell it privately it is often a deal worked out between buyer and seller as to who will. (See above in regards to costs or moving that 20' plant!
Yeah...good luck on that one.)
If the plant isn't damaged, broken or split they'll remove it for you but...
2.) Now if a nursery, park or government office wants to remove this thing because yes....you got your permit and tag, you know they're not going to be in a great big hurry to get on out there. You're going to have this thing in/on/around your property for quite awhile as you can't 'harm', 'cut' or 'damage' a protected plant.
Then to make matters worse they 'grade' the plant to see if it is worth their time, effort and money to relocate, replant and preserve. It gets graded.
-Priority grade is based on health as excellent with no pests, young enough to have a long life span and continue to grow for many years, and to survive. It has to have good form that represents the species and have minor damage.
----Medium grade means the plant doesn't meet high standards but the damage is minor and it has no pests.
----Low grade and not a priority or worth their time means it is in poor health, it is too old and won't have a long life span and/or its form and characteristics are damaged. Sadly this is most of the oldest Saguaros when you think about it. (My friend above with the broken arm, bird holes, and a life span that is winding down would fall into this category.
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Even the good and medium grades have a transplantability factor that is required before they are taken. It boils down to can they tag it, bag it and drag it away. The size and dimensions have to be appropriate to be met for salvage and transport and it has to be able to be excavated with the root ball in tact. (Now think about the size of these things and their roots!)
Only positive is the relocation sites take all factors into account such as utility lines, homes, land slopes and grades, etc. before giving them a new home.
3.) So now we have another conundrum the law of the land just put you in. What to do about that 150 year old monster Saguaro that is sprawled out across half of your house's roof and front yard?
You guessed it! You still have to call the Dept. of Agriculture to o.k. the removal, tag it, pay for the permit and of course you pay (or you and your neighbor split) the cost of the labor, time, equipment and for them hauling it away.
Ready to scream yet? But wait.....there's more!
See #1) Remember that thing about harming and damaging a Saguaro? Yeah. Well you now have a monster plant that crashed that nobody wants, or wants to be bothered with BUT you are not supposed to harm even though it harmed your property and your relationship with the neighbor/s. You're also clueless on how to get rid of it becoming an act of Congress, without getting into trouble, and not going bankrupt.
So.....a lot of people take a chain saw to these things and don't bother telling anyone or reporting it if they live out in a remote place. They also hope nobody reports them for what they're doing. A few good people do replant the arms but still...see the size of those arms on a 150-200 year old plant? Consider the weight? Not an easy task.
So when it comes down to a buyer beware situation with regards to your house and property and neighbors. Becareful of what you wish for because you just may get it when it comes to owning or living near a rare species. And monster plants in your yard can be hazardous to your wallet.
Lengthy post so I'll do a second in regards to the power company. Some wonderful facts there.
**** If anyone has updates on the laws or changes after 2010 please share.