Can you fight a law?

Question

Supposedly it is a law here in Arizona that you are not allowed to remove a saguaro cactus from your own property! so what do you do when that saguaro damages your property + more? Who pays for the damages and can we fight this stupid law? We called the police but they just said to take lots of pictures and call insurance.
The Giant cactus is still laying on my family’s front yard. We can’t afford to have it removed. Shouldn’t the City remove it?
Here a few pictures that we took of the fallen Saguaro if you want to see them

http://s223.photobucket.com/albums/dd137/Iampuresol/?action=view¤t=b02aa308.pbr

Thank You!

Answer 1

Yes, you can fight a law -- and there are two ways to do it.

The first is to file (in state court) for a Declarative Judgment -- it's a form of preemptive lawsuit -- asking the court to recognize an exception to the general law. That gets you your legal answer up front, before you break the general law.

The other is to break the general law -- and then raise the issue in your defense if you are prosecuted -- which is riskier, but often gives you a stronger case for protection -- and often costs a bit less than the other preemptive approach.

Answer 2

You say police told you to remove it but "supposedly" thre eis a law saying you can't?

Invest $65 to call a local attorney and find out if there is in fact such a law if it is important to you.

There probably isn't if the cactus is already down on its own.

I had a neighbor who wnated to remove a "heritage tree" (a tree of a certain size that you need a local permit to remove) but couldn't.

A storm came, the tree fell on the house, damaged the roof and patio, and the next day tree cutters he hired were out with chain saws.

OK, not the next day, as it was still raining, but as soon as the insurance ok'd that they would pay for it.

Solution: tree gone, roof repaired, despite laws about removal.

This was CA, but I am sure the case is the same where you are.

How about spending some effort in common sense instead of days on here outraged at something you are going to feel embarassed about later?

Seriously, go to the local Home Depot, find some guys hanging around the parking lot, give them $200 and watch the cactus disappear before your very eyes.

Tell us how it goes tomorrow :)

Answer 3

Just get a permit to remove it from the AZ Department of Agriculture: http://www.azda.gov/PSD/remove.pdf

Your homeowners policy should pay for the damage and removal costs.