In the past few weeks, law enforcement has responded to several complaints related to the presence of cattle on property not owned by the owner of the cattle. Most often the complaint is that the cattle are causing damage to the property.  The caller usually wants someone to do something so this does not happen any more and may call our office to make sure that charges are filed.

Whether or not someone has committed a crime with regard to cattle depends partly upon whether or not the land is “open range” or has been designated as “closed range.”  The closing is done by action of the county commissioners.  The concept of “open range” goes back to the times of the “old west” when there were large open spaces for cattle to roam on.  In our modern era, this concept still exists in the law, but the pressures of a growing population and the existence of many small plots of land upon which people build homes has impacted and sometimes conflicts with the concepts of “open range.”

If a person lives in an area designated “open range,” it is the responsibility of the landowner who does not want cattle on his or her property to fence the property they own so that range cattle cannot get onto it. There are standards for the fence which, if met, mean the land owner has made a satisfactory effort to secure the land from the free ranging cattle.  If the cattle break down the fence, then the landowner has certain remedies and can ultimately sue the owner of the cattle for damages caused by the cattle.

If the cattle are on an area designated as “closed range,” the owner of the cattle must fence the cattle in and is responsible for damages if the cattle escape.  Once again the adequacy of the fence is considered and the owner of the cattle can be charged with allowing the cattle to escape.

It is against the law for a person to move cattle that they do not own from one range area to another. Sometimes this is done to stop damage the cattle are causing and the desire to do so is understandable, but this can lead to problems because the owner of the cattle cannot find them.

Over all, the whole thing is about being a good neighbor.  Most cattlemen are responsible and do their best to keep their cattle in and when notified of the escape of cattle in a closed range area, they make immediate efforts to get them back on the range where they belong.  Likewise, on an open range area, responsible cattle owners keep track of their cattle and respond immediately when notified of a problem.  It is my belief that if we are all responsible and treat our neighbor as we would like to be treated, most problems of this nature would be resolved and the sheriff and his deputies could spend their time more productively. Sadly, that is not the case.  Some people exercise what I call their right to be bad neighbors.  This causes trouble for the sheriff and other people and can result in criminal charges.