50/50Farms
Well-known member
If you want a picture of the brand bad enough burn the fifteen dollars for a bag of feed and dump it at the curb.
Cow Troubles
- Thread starter Cows Away
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Single story. Why?
greybeard
Well-known member
A game camera is your friend.
50/50Farms
Well-known member
Don't worry about it. I had a suggestion.
Dusty Britches
Well-known member
Yes, but the cow's owners are responsible to damage they do to your property. Call the county sheriff and if you see the cows in the road or in danger of entering a public roadway, call 911. Trust me, they will take action.
This is not correct, Greybeard. In Texas the laws vary by county. Generally speaking, cattle owners are responsible for their cattle at all times. In open range country a driver who hits a cow may be held to liability but elsewhere if a driver can prove the cattleman was not prudent to keep the cows off the road, the cattleman may be held to liability even in fence out counties. Two examples from 2 of my neighbors, we are a fence out county:
First one - during the 2011 drought 5 of his 800+ head pushed through the fence, wandered about 1 mile down a county road to a busy FM road. At the days last light a company passenger carrying 5 workers vehicle hit 2 cows, killing them and one of the passengers in the vehicle. The company and the deceased's family tried to sue my neighbor. My neighbor counter sued. The company and family could never prove gross negligence so on the advice of their attorneys, they withdrew. Out of respect for the deceased, my neighbor also withdrew his suit. He told me he had been through this before about 12 years prior and won that lawsuit. He also said lawsuits should be avoided at all opportunities. They are messy, stressful, and the only one who profits are the lawyers.
Second neighbor - He has 20 cows. They travel over 4 different properties that are not fenced to my lease, which is about 75 yards from the same busy FM road. Two years ago, I told him to get his cows off my property. The next week the cows were back. I called again. He told me that BS line - "well we are a fence out county and if you don't want them on your place, you put up a fence." I told him, " you are responsible for damage your cows do to my place. I charge $25 per head per day for grazing."
He came and got his cows. This has been going on every 5-12 days for the last 2 years. I've called the sheriff multiple times and they've come out and called him. I've reminded him multiple times that I do not have a fence and it is only a matter of time before they end up on that FM road. I have been more than gracious in offering to help him put up a fence and to help him gather his cows. He's refused my offers. Well, about 3 months ago they started wandering onto the FM road. The sheriff has been out 4 times because the cows are on the road. They finally told him 2 weeks ago next time they are found on the road they will have cowboys round them up. My point with this is, he has built a case of gross negligence against himself. But I'm fixing to help him out - we started building a fence so I can graze my cattle on it during this drought.You can learn about Texas land laws and fencing by reading Tiffany Dowell's Ag Law Blog. Here's the link to Fence Laws.
greybeard
Well-known member
what part is incorrect?
Texas IS an open range state.
I clearly stated 'it is up to the individual counties to decide whether to enact a stock law or not.
Cattlelow
Well-known member
Set up a quality game camera or two. Perhaps it would help... what do the rest of you think? Maybe save the receipt or borrow one.
Dave
Well-known member
The cow owner certainly isn't responsible for the damages here. That has certainly been settled in court. But this is Oregon. You are discussing/arguing Texas law when the original poster is from Arizona.
Dave
Well-known member
The way I see it Cows Away has two options.
A. Go to the Home Owners Asso. and request a variance on the fence rule. It doesn't take a 6 foot tall privacy fence to keep the cows out. A 3 foot tall attractive picket fence would work.
B. If cows are in his yard they are probably in his neighbor's too. Get the neighbors together, maybe even the Home Owners Asso together and go to the county commissioners (or what ever elected officials he has) to request that their area be taken out of open range/fence out.
A. Go to the Home Owners Asso. and request a variance on the fence rule. It doesn't take a 6 foot tall privacy fence to keep the cows out. A 3 foot tall attractive picket fence would work.
B. If cows are in his yard they are probably in his neighbor's too. Get the neighbors together, maybe even the Home Owners Asso together and go to the county commissioners (or what ever elected officials he has) to request that their area be taken out of open range/fence out.
simme
Old Dumb Guy
Couple square bales of high nitrate hay might have an effect if one wants them gone. No law against mulching with hay.
nope, not in Arizona except for a few very small declared areas. this is a fence out state, you are responsible to protect your own property and if you damage or kill a cow you are responsible for that too.
Travlr
Well-known member
Not just NO! But Hell NO!
Dave
Well-known member
+1
Okay, I'm gonna jump in here. I've lived in AZ twice with ridiculous CC&R's (every plant & gravel in your yard must be approved, can't park in your driveway for more than 48 consecutive hours, all window treatments facing the street must be beige or off-white, etc.) and I'm pretty shocked your Homeowner's Association isn't all over this. I would suggest contacting the Association President or someone on the Board, then contacting the Sheriff to find out just exactly what your rights are & that of the owner of the cattle. As previously mentioned, set up a game camera to identify any brands, tags or even a general description of the cattle. Do NOT go all "Yellowstone" and set out bales that may potentially harm them. And I wouldn't try to get them close with cubes or even an empty bucket - that would work with my herd, but I suspect these are more range cattle and you don't know how they'll react.
Cattlelow
Well-known member
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simme
Old Dumb Guy
This appears to be a section of the Arizona law on fence out. It looks to me that the fence out law does NOT apply in an incorporated town or city. The original poster says they live in the city. In fence out states, can the cattle owner really drive the cattle to town and let them graze city hall and the lawns and yards and ball fields in town? Medians and right of ways on the interstates? Is there any incentive for a cattle guy with marginal grazing land to even have a fence? If the cow jumps into the homeowner's pool in the city, is the homeowner responsible for damage to the cow? I know that many states have fence out, but it is a foreign concept for a lot of us in the east.
3-1429. Exemption of incorporated city or town from provisions of article
A. Nothing in this article shall affect any ordinance of an incorporated city or town relating to stock running at large in the incorporated city or town nor shall its provisions apply to any land that is located within an incorporated city or town.
B. Any penalties imposed by a municipal ordinance relating to stock running at large shall not apply to lands that are annexed or incorporated into the city or town for two years after the annexation or incorporation, regardless of whether the lands were previously in a no-fence district or open range.
3-1429. Exemption of incorporated city or town from provisions of article
A. Nothing in this article shall affect any ordinance of an incorporated city or town relating to stock running at large in the incorporated city or town nor shall its provisions apply to any land that is located within an incorporated city or town.
B. Any penalties imposed by a municipal ordinance relating to stock running at large shall not apply to lands that are annexed or incorporated into the city or town for two years after the annexation or incorporation, regardless of whether the lands were previously in a no-fence district or open range.
simme
Old Dumb Guy
Not likely to apply to me since my state is fence in. If my cows are out of my fence, I am responsible for damage they do to property, crops, vehicles, etc.
If cows are roaming here and eat a homeowner's poisonous oleanders, the homeowner is not responsible for the death of the cow. The cow owner will be the one buying the homeowner new oleanders and disposing of his dead cow.
Dave
Well-known member
I went back and read all of his comments. He lives in a development. He said nothing about being in a city. There are lots of developments in the unincorporated areas of a county.
I believe the interstate is exempt from the open range laws. Here where cows are out on county roads and even state highways all the time, everyone scrambles if a cow gets on to the interstate right of way. I have never been present when cattle were driven through one of the smaller towns in the county. But I have seen enough cow manure on the road to know that it has happened. I have never seen sign of them in the middle of the one city in the county. I have seen them driven down the edge of the city. Certainly within the city limits. There has been two times on Sunday mornings on our way to church we pull off the freeway and meet several hundred cows coming over the freeway over pass. These cows would have came down a main road on the edge of town. Passing right in front of the hospital, 3 big churches, a housing development, a trailer park, several big retail stores that share a large open parking lot, a couple state offices, crossing a main RR line, and a 60 mph highway where the cows would have run the stop sign. They then continued out a 60 mph state highway.
simme
Old Dumb Guy
Unless my computer is playing tricks on me, the very first post says "We're in a fence out state. We're in the city and in a subdivision." That what I read at least.
Wow...how much grass do you have...is it a mowed lawn? In all seriousness, if you stop watering your lawn, mow your lawn closer to the soil and let the cattle eat whatever is left down for you...they just won't be coming back anytime soon. Personally...I could care less if cattle came and ate my lawn and fertilized it in clumps....I'd be handing out carrots slices, apple slices and other yummy treats.
