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what is the open range law

by Dr. Viva Kovacek I Published 3 years ago Updated 2 years ago
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States' “Fence Law” Statutes
The “open range” states reverse the duty to fence in livestock and allow livestock to roam in certain remote parts of the state while requiring other landowners to fence off their land if they wish to keep livestock off of their property.

What is the open range law in the UK?

The Open Range Law is a distinct and opposite divergence in relation to liability associated with livestock. In the medeival courts of England, the owner of livestock was held strictly liable for any damages to person or property inflicted by any livestock straying onto the property of another.

What is the open range law in Colorado?

This is sometimes referred to as the “Open Range Law”, but the concept of open range is not a law. Instead, it describes land use. The law that actually establishes the obligation to fence livestock out is generally referred to as the fence law or fence statute, and it may be found in Colorado Revised Statutes (C.R.S.) section 35-46-102.

What does it mean to live in an open range state?

An open-range state means that cattle are typically free to roam at large. However, property owners in the state do have a responsibility to keep cattle away from state and federal highways. Roaming livestock crashes are far more common than you may believe.

What is open range rangeland?

In the Western United States and Canada, open range is rangeland where cattle roam freely regardless of land ownership. Where there are "open range" laws, those wanting to keep animals off their property must erect a fence to keep animals out; this applies to public roads as well.

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What is meant by the open range?

In the Western United States and Canada, open range is rangeland where cattle roam freely regardless of land ownership. Where there are "open range" laws, those wanting to keep animals off their property must erect a fence to keep animals out; this applies to public roads as well.

Is there still open range in the United States?

There are few places left in the United States today where the open space remains truly open, and this is one of them. Called the Green Mountain Common Allotment, it is one of the nation's largest unfenced ranges, measuring 60 miles by 20 miles, and encompassing more than 500,000 acres.

What does open range mean in New Mexico?

New Mexico has an "open range" law. That means if you live near cattle, sheep or other livestock and do not want them on your property it is your responsibility to keep them off through lawful means. It also means livestock are free to roam wherever, including on roadways.

When did the open range end?

1886-87This meant cattle ranching was becoming less profitable. The final blow to the open range was the winter of 1886-87. It became known as the Great Die Up.

Which states are open range?

The open ranges of western Kansas, Nebraska, the Dakotas, Montana, Wyoming, and other western states and territories served as huge pasturelands for the herds of the Texas ranchmen.

What brought an end to the open range?

Barbed wire and windmills brought about the closing of the once open range, ended the great trail driving era, and allowed ranchers to improve their land. By 1900, hundreds of windmills and thousands of miles of fences insured that ranchers could better use their grass, water and manpower.

Is New Mexico a fence in or fence out state?

“By law, New Mexico is and always has been a fence-out state,” said Myles Culbertson, Former Director of the New Mexico Livestock Board (NMLB). “A property owner has a responsibility to himself to protect his own property by fencing out whatever may damage or trespass on property.

Is nm a free range state?

Open Range. New Mexico is one of several states that are classified as an open range state. In Timberlake if you want to keep wandering livestock from your gardens or land, you will need to fence it and there are definite specifications on the different kinds of fences.

Is Texas Open or closed range?

Texas is an open-range state, but counties may hold elections to become closed range and require livestock to be fenced. Many Texas counties became closed range in the early 1900s.

Is King Ranch still operating?

King Ranch - 825,000 acres With its over nine hundred thousand acres, the King ranch spans across much of South Texas from Corpus Christi to Brownsville. Founded only eight years after Texas was admitted to the Union by Richard King, the ranch is still thriving today.

What happens to Button in open range?

Button is badly injured after being shot in the chest. Charley and Boss vow to avenge their friend. They leave Button at the doctor's house and go into town; with help from Percy, they capture Poole and his deputies, subdue them with chloroform stolen from the Barlows, and lock them up in their own jail.

What is the purpose of a cowboy?

Cowboy Life In addition to herding cattle, they also helped care for horses, repaired fences and buildings, worked cattle drives and in some cases helped establish frontier towns. Cowboys occasionally developed a bad reputation for being lawless, and some were banned from certain establishments.

Is Texas still open-range?

Texas is an open-range state, tracing its roots back to the trail drives and cattle barons of the 1800s. Open range means exactly that—livestock owners are not required to fence in their livestock to prevent them from roaming at large.

When did open-range end in Florida?

1949Florida's open range officially ended in 1949, and the introduction of modem beef breeds has been rapid; since 1950 growing numbers of Florida cattle of progres- sively better quality have moved into the national market.

What part of Texas was open-range?

These counties include: Andrews, Callahan, Camp, Childress, Collin, Cottle, Ector, Hemphill, Jeff Davis, Kenedy, King, La Salle, Loving, Midland, Navarro, Oldham, Palo Pinto, Reagan, Schleicher, Shackleford, Stephens, Sterling, and Throckmorton.

When did open-range end in Missouri?

When Missouri became a state in 1821, it did so having specifically abrogated the common law of England by adopting the "open range" act before statehood. Missouri remained an open range state until the 1870's when the forerunner of Chapter 270 and Chapter 272 were adopted.

What is the law that states that livestock must be kept out of the property?

Instead, if landowners want to keep livestock off their property, they must fence the livestock out. This is sometimes referred to as the “Open Range Law”, but the concept of open range is not a law. Instead, it describes land use. The law that actually establishes the obligation to fence livestock out is generally referred to as ...

What is the Colorado fence law?

The law that actually establishes the obligation to fence livestock out is generally referred to as the fence law or fence statute, and it may be found in Colorado Revised Statutes (C.R.S.) section 35-46-102.

Is there recourse for a fence?

It does not provide recourse in cases where there is no lawful fence, or the lawful fence is in disrepair, or gates are left open. The nature of the recourse is civil – i.e., money damages for damage to property, and injunctive relief to prohibit further trespass. It is not a criminal statute.

Is fence a criminal offense?

It is not a criminal statute. And, it is important to understand that injury to people is not covered by the fence statute – only injury/ damage to property. Most livestock owners do not want their livestock to stray and will respond quickly to recover them.

What is land in open range?

Land in open range that is designated as part of a "herd district" reverses liabilities, requiring an animal's owner to fence it in or otherwise keep it on the person's own property. Most eastern states and jurisdictions in Canada require owners to fence in or herd their livestock.

What is open range cattle?

In the Western United States and Canada, open range is rangeland where cattle roam freely regardless of land ownership. Where there are "open range" laws, those wanting to keep animals off their property must erect a fence to keep animals out; this applies to public roads as well.

What was the purpose of barbed wire in the 1870s?

The invention of barbed wire in the 1870s made it easier to confine cattle to designated areas, which helped to prevent overgrazing of the range , and made fencing huge expanses cheaper than hiring cowboys for handling cattle. In Texas and surrounding areas, rapid population-growth required ranchers to fence off their individual lands. This initially brought considerable drama to the Western rangelands. Indiscriminate fencing of federal lands was commonplace in the 1880s, often without any regard to land ownership or other public needs, such as mail delivery and movement of other kinds of livestock. Various state statutes, as well as vigilantism during the so-called Fence Cutting Wars, tried to enforce or combat fence-building, with varying success. In 1885 U.S. federal legislation outlawed the enclosure of public land. By 1890 illegal fencing had been mostly removed.

What happens if livestock breaks through a fence?

Under open range law today, if livestock break through a "legal fence" (defined by law in terms of height, materials, post spacing, etc.), then the livestock owner is liable for damages of the fenced property. Conversely, the livestock owner is not liable in the absence of the "legal fence.". An exception exists for "unruly" animals, usually ...

Where did the Western open range tradition originate?

The Western open-range tradition originated from the early practice of unregulated grazing of livestock in the newly acquired western territories of the United States and Canada. These practices were eventually codified in the laws of many Western US states as they developed written statutes. Over time, as the Western lands became more populated ...

Where did open range cattle management originate?

Open-range management has also been practiced in other areas, including the Caribbean and some Eastern US states , such as South Carolina during the colonial period. The practice was also widespread in Mexico, and some argue that the Mexican tradition may have been the predecessor to open-range practices in the American West, much of which was part of Mexico prior to the 1840s. American ranchers borrowed many other cattle-raising techniques from Mexico.

Where is open range in Nevada?

For other uses, see Open range (disambiguation). Not to be confused with Free range. Open Range sign along southbound U.S. Route 93 in Lincoln County, Nevada. In the Western United States and Canada, open range is rangeland where cattle roam freely regardless of land ownership.

What is the Colorado open range law?

This statute is commonly referred to as the "open range" or "fence out" statute. "Open range" is a definition of land, not a law.

How to stop livestock from running loose?

Be aware of who is running livestock in your neighborhood. If you find livestock running loose, try to notify the owner immediately. If you do not know who owns the livestock, contact the local brand inspector and the sheriff's office. If the livestock are in danger and loose on a public road, try to contain the livestock and move them away from the road. Call for help immediately from neighbors, the sheriff's office and the local brand office or inspector. Any thing you can do to avoid an accident will be greatly appreciated by the livestock owner and the general public traveling on the road.

What to do if livestock is loose on the road?

If the livestock are in danger and loose on a public road, try to contain the livestock and move them away from the road. Call for help immediately from neighbors, the sheriff's office and the local brand office or inspector.

Do you need a fence in rural areas?

The necessity to have a fence to protect your property in rural areas is no different than in urban areas. In urban areas you need to have a fence if you do not want unwanted guests on your property. The same rule is applicable in rural or country settings.

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1.Nevada Open Range Law | Extension | University of …

Url:https://extension.unr.edu/publication.aspx?PubID=2218

14 hours ago The Open Range Law is a distinct and opposite divergence in relation to liability associated with livestock. Origin and Evolution of the Open Range Law In the medeival courts of England, the …

2.Open Range and Fencing | Department of Agriculture

Url:https://ag.colorado.gov/brands/open-range-and-fencing

6 hours ago This is sometimes referred to as the “Open Range Law”, but the concept of open range is not a law. Instead, it describes land use. The law that actually establishes the obligation to fence …

3.Open range - Wikipedia

Url:https://en.wikipedia.org/wiki/Open_range

1 hours ago In the early 1880's the Colorado legislature passed a "fencing" statute. This statute is commonly referred to as the "open range" or "fence out" statute. "Open range" is a definition of land, not a …

4.Open Range Law | Arapahoe County, CO - Official Website

Url:https://www.arapahoegov.com/535/Open-Range-Law

22 hours ago

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