ScottyB":34ji0oon said:
I need answers on this wild cow. Our neighbors cow got into our pasture and it won't leave. We have tried to load it up a couple times but it jumps out or it will bust through the beginning funnel of our corral. The neighbor has no real interest in it and has given us three WHOLE bales of hay for keeping it through the winter. (sarcasim) We have tried to work her back through the fence she came through, but this cow is smart and will charge you any chance she gets. I am afraid someone might get hurt messing with her too much. I had to get into a full sprint and bale out over a fence to avoid her, and that is not a pretty sight. What are the legalities of this and any other options would be useful?
We get along with this neighbor pretty well, so we would like to keep it civil. He just lives far away and shows no real interest to come and get her.
Call the sheriff and have her impounded enough is enough, I would have one final conversation with man to man
If he is any kind of man at all he will reclaim and be responsible for his cow if he had to shoot it to get out of your pasture
Sec. 142.003. DISCOVERY OF ESTRAY; NOTICE.
(a) If an estray, without being herded with other livestock, roams about the property of a person without that person's permission or roams about public property, the owner of the private property or the custodian of the public property, as applicable, shall, as soon as reasonably possible, report the presence of the estray to the sheriff of the county in which the estray is discovered.
(b) After receiving a report under Subsection (a) of this section that an estray has been discovered on private property, the sheriff or the sheriff's designee shall notify the owner, if known, that the estray's location has been reported.
(c) After receiving a report under Subsection (a) of this section that an estray has been discovered on public property, the sheriff or the sheriff's designee shall notify the owner, if known, that the estray's location has been reported, except that if the sheriff or his designee determines that the estray is dangerous to the public, he may immediately impound the estray without notifying the owner. If the owner does not immediately remove the estray, the sheriff or the sheriff's designee shall proceed with the impoundment process prescribed by Section 142.009 of this code.
Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1, 1987.
Sec. 142.004. REDEMPTION.
(a) The owner of the estray may redeem the estray from the owner or occupant of private property by the payment of fees and damages as provided by this chapter.
(b) If the owner of the estray does not redeem the estray within a reasonable time after notification, the sheriff or the sheriff's designee shall, at the request of the property owner, proceed immediately with the impoundment process prescribed by Section 142.009 of this code. During that period, the estray may not be used for any purpose by the owner or occupant of the property.
Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1, 1987.
Sec. 142.005. COLLECTION FEE.
(a) If the sheriff or the sheriff's designee is present at the time of the collection of the estray, the sheriff or the sheriff's designee may require the owner of the estray to pay before the estray is removed a collection fee in an amount set by the sheriff not to exceed $25.
(b) A person who disagrees with the amount of the fee set by the sheriff under Subsection (a) of this section may petition the justice court in the manner provided by Section 142.007 of this code and may appeal the justice court decision as provided by Section 142.008 of this code.
Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1, 1987.
Sec. 142.006. AMOUNT OF REDEMPTION PAYMENT.
(a) A person on whose property an estray is found is entitled to receive from the owner of the estray the payment of a reasonable amount for maintenance and damages, if the original notice of the discovery of the estray was given to the sheriff not later than the fifth day after the date of discovery.
(b) The owner of the property may:
(1) accept payment in an agreed amount from the owner of the estray; or
(2) file a petition under Section 142.007 of this code in the justice court having jurisdiction and have the amount of the payment determined by the justice of the peace.
(c) If the owner of the property files a petition under Subdivision (2) of Subsection (b) of this section, the owner of the estray is entitled to remove the estray.