A Lawman I Can Like

[ctpres]

Have real problems with cattle running free in our area. As my property is not yet fully fenced they manage to rut the yard and crap all over the place. Believe it or not, law enforcement to the rescue. One phone call to the Fort Bend Co. cattle Sheriff will get you a Deputy with a four wheeler loaded on a pickup. He rounded em up, secured em in a pen, made temp fence repairs as needed, called owner and arranged for pick-up. He says can't charge for his time or storage fees but he would help property owner recover for damage to crops, fence etc.

 

[deere755]

Maybe he can get you a years supply of Ribeyes to cover a percent of the damage.

 

[EddieWalker]

That's pretty impressive. I wonder if it's jus the way that department is run? Some Chiefs and Sherrifs are just more rural in nature and will go the extra mile to take care of there rural folks then most areas.

Nice story,
Eddie

 

[Bird]

Eddie, it used to be that almost no one was really adequately equipped to handle loose livestock, but when I was a rookie cop, some rural sheriffs did try to help to some extent, and it varied considerably from county to county. Within city limits, it was the city's problem. Back then, even the city's own animal control folks would only respond after the police had animals caught and confined, so I had a bit of personal experience rounding up an assortment of critters, from dogs to horses. But then, many years ago, our Texas legislature changed all that. Since that time, loose livestock is, by state law, the sheriff's responsibility, even within city limits.

 

[k6dyc]

Although most ranchers try to keep their fencing in good order for the protection of their livestock investment, Colorado is a fence-out state. This simply means that the occasional escapee livestock can wander most anywhere, even on property belonging to others, and the responsibility to keep them out lies with the property owner. If you don't have a lawful fence in good repair to keep them out, they can roam your property and the owner is not responsible for damages. However, if you have a lawful fence and the livestock breaks through it, the livestock owner can be accountable for damages. A "lawful" fence is defined as a "well constructed three barbed wire fence with substantial posts set at a distance of approximately 20 feet apart, and sufficient to turn ordinary horses and cattle, with all gates equally as good as the fence, or any other fence of like efficiency".

Like they say, Good Fences Make Good Neighbors

 

[Bird]

Rick, some parts of Texas are the same, except that the fence posts can be up to 30' apart with one or more stays between every second post, etc. It depends on what part of the state you're in, whether they've had a local election to allow it, etc. And of course no one really knows what the law is.

 

[Jimbrown]

Most parts of Az are fence out also. here is the Az defintion of a legal fence sounds simalr to Texas.

3-14263-1426. Lawful fence defined
A. A fence shall be deemed a lawful fence when it is constructed and maintained with good and substantial posts firmly placed in the ground at intervals of not more than thirty feet, upon which posts are strung and fastened at least four barbed wires of the usual type tightly stretched and secured to the posts and spaced so that the top wire is fifty inches above the ground and the other wires at intervals below the top wire of twelve, twenty‑two, and thirty‑two inches. If the posts are set more than one rod apart, the wires shall be supported by stays placed not more than seven and one‑half feet from each other or from the posts, extending from the top wire of the fence to the ground, and each wire of the fence securely fastened thereto.

 

[k6dyc]

Hehe, yep, what is "lawful" is a real debate. The CO definition say approximately 20' apart, so does that mean 30' with stays is OK? Would 35' be too far if it was solid and in good shape? And look at the difference in AZ, they require 4 strands instead of 3, and they require stays if posts are more than 16.5' (a rod) apart, what a mess! And did you notice that the definitions all specify barbed wire? Do you think that Sandi would let me get away with using devil wire anywhere near her horses????? So, if someones cattle get into my property, I guess I'll just have to be liable for the damages with no recourse to the cattle owner. I could have worse problems....

 

[jand38]

Fort Bend County has a good sheriff, my wife went to school with him and I went to school with his wife a great couple and boy can he play a piano, accordian, trumpet and it looks like his dept works for all the citizens. I know I am biased but they are " GOOD PEOPLE " MD

 

[Bird]

Hehe, yep, what is "lawful" is a real debate. The CO definition say approximately 20' apart, so does that mean 30' with stays is OK? Would 35' be too far if it was solid and in good shape? And look at the difference in AZ, they require 4 strands instead of 3, and they require stays if posts are more than 16.5' (a rod) apart, what a mess! And did you notice that the definitions all specify barbed wire? Do you think that Sandi would let me get away with using devil wire anywhere near her horses????? So, if someones cattle get into my property, I guess I'll just have to be liable for the damages with no recourse to the cattle owner. I could have worse problems....

It doesn't always have to be barbed wire. To quote a section of Texas law that applies in some, but not all situations:

§ 143.028. FENCES[0]. (a) A person is not required to fence[0]
against animals that are not permitted to run at large. Except as
otherwise provided by this section, a fence[0] is sufficient for
purposes of this chapter if it is sufficient to keep out ordinary
livestock[0] permitted to run at large.
(b) In order to be sufficient, a fence[0] must be at least four
feet high and comply with the following requirements:
(1) a barbed wire fence[0] must consist of three wires on
posts no more than 30 feet apart, with one or more stays between
every two posts;
(2) a picket fence[0] must consist of pickets that are not
more than six inches apart;
(3) a board fence[0] must consist of three boards not less
than five inches wide and one inch thick; and
(4) a rail fence[0] must consist of four rails.
(c) The freeholders of the county or area may petition the
commissioners court for an election to determine whether three
barbed wires without a board are to constitute a sufficient fence[0] in
the county or area. The election shall be conducted in the same
manner and is governed by the same provisions of this subchapter
provided for elections on the adoption of this subchapter.

 

[k6dyc]

Thanks Bird, that makes it much clearer what is required . Like i said, good fences make good neighbors.

 

[MarEng]

As a former night shift deputy it was hard to get a livestock deputy out at night. When you did get in touch with them they would call the nearest owner(s) and have them come out to see if it was their cattle. In the mean time we had to try to keep a 1000lbs of hamburger from wandering into traffic and killing someone. It was during those days that I found a Crown Vic with an air horn made a wonderful cow pony. Herd the cow gently back towards the fence she came out out through - slide up as close to her as you could - punch the air horn - it's amazing how quick they can jump back through the fence.

 

[KennethBrown]

We have a deputy that handles our livestock calls too. When I was working for the SO I carried a small spool of wire, some cheap yeloow rope, baling wire, and a good set of pliers. We spent many nights herding cows in a crown vic and then "fixing" fence.

 

[MarEng]

Of course there was the night two of my associates got herded. There is video somewhere of one Deputy doing his best Dukes of Hazard slide across a Crown Vic hood with a cow coming right across behind him. His second man was barely missed by both he and the cow as she was standing on the 'safe' side of the car. I'd love to read the loss reporting form for the damage to the car.