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    Cattle - keep out or keep in?

    Once in a while I hear someone say certain counties are still legally "keep out" counties meaning it's other properties responsibility to fence in order to keep livestock off their property.

    Is this true? If so how does one find this law for San Saba County?

    #2
    i doubt the state of texas is going to take blame for cattle hit on their highways. in other words, "keep out" aint gonna help the herd owner in a big suit. imo

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      #3
      I'm just looking for where this is written. Or is it a fable?

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        #4
        Texas is a "free range" state meaning fence out, unless the county has enacted "stock" laws. The other exception is for State and Federal highways. Contact the sheriff's office to see if there is a local stock law. There is no statewide listing as to which counties have stock laws.

        *This article is not a substitute for the advice of an attorney.* Most Texans are quick to note that Texas is an “open range” or a “fence out” state, meaning that a livestock owner does not have a legal duty to prevent animals from getting onto the roadway.  Technically, this is a true statement of the common law in Texas.  There are, however, two major exceptions to this rule that are extremely important for livestock owners to be aware of. Today, we will review the general fence law in Texas and the... Read More →

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          #5
          Contact the sheriffs office.

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            #6
            *UPDATE In January 2020, the Texas Supreme Court reversed.  To read a blog post on that Opinion, click here. This week, we are continuing this blog series with the second recent fence law case released by a Texas court.  If you missed Part I discussing Dearbonne v. Courville, click here. Today, we will focus on an opinion from the San Antonio Court of Appeals in Garcia v. Pruski, a case involving a motorist colliding with a bull on the highway.  [Read full Opinion here.] Background Plaintiff, Mr. Garcia, was injured... Read More →

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              #7
              I called down to my county courthouse and they gave me the minutes from the meetings when my county enacted stock laws. I live in Wichita county and it is a fence in county.

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                #8
                Originally posted by Phillip Fields View Post
                Texas is a "free range" state meaning fence out, unless the county has enacted "stock" laws. The other exception is for State and Federal highways. Contact the sheriff's office to see if there is a local stock law. There is no statewide listing as to which counties have stock laws.

                https://agrilife.org/texasaglaw/2014...or-not-part-1/
                It wouldn’t seem like it would be hard to put together a spreadsheet, but it is the state government we’re talking about

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                  #9
                  Don’t care what the law states. Be ****ed if I’m going to let high dollar cattle just wander around aimlessly. Think I’ll keep them behind a fence.

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                    #10
                    Being in a "fence out" county can be frustrating if you have uncooperative neighbors. A friend of mine bought a place and manages it for hunting/recreation. He runs no cattle so the grass is tall, tasty and irresistible to the cows on the overgrazed place next door. Problem is, the fence on that side is in terrible shape and the neighbor won't pitch in to fix it. I'm sure he is fine with the free grass his cows are eating until my buddy coughs up the $$ to replace almost a mile of fence. Just part of being a landowner I reckon...

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                      #11
                      if my cattle walk across my neighbors land, and cause a major calamity, my neighbor will not be held responsible. IMHO

                      i dont wanna find out, but in a higher court, the herd owner is gonna be in bad shape. the county law, aint gonna help the herd owner. IMHO

                      a better way to find out, if we are truly "open range", is to graze the state, or federal lands, that border you. let us know how it goes...

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                        #12
                        Originally posted by jerp View Post
                        Being in a "fence out" county can be frustrating if you have uncooperative neighbors. A friend of mine bought a place and manages it for hunting/recreation. He runs no cattle so the grass is tall, tasty and irresistible to the cows on the overgrazed place next door. Problem is, the fence on that side is in terrible shape and the neighbor won't pitch in to fix it. I'm sure he is fine with the free grass his cows are eating until my buddy coughs up the $$ to replace almost a mile of fence. Just part of being a landowner I reckon...
                        My fence that is +/- 1.5 miles on one side is really bad. I lease to an old cattle guy. His cows are always getting into the State Park. Park people don't seem to care. Cattle guy obviously won't give up 10 years of profits to fix my fence. I don't want to give up 15 years of lease money to fix that portion of the fence either.

                        The State in a nut shell needs to properly mark it's boundaries as it's a major trail hiking park.

                        Long story short I'm looking for anything to prompt the State to pitch in some for a new fence. I figure odds are low but worth a hot.

                        Originally posted by monsterspike View Post
                        if my cattle walk across my neighbors land, and cause a major calamity, my neighbor will not be held responsible. IMHO

                        i dont wanna find out, but in a higher court, the herd owner is gonna be in bad shape. the county law, aint gonna help the herd owner. IMHO

                        a better way to find out, if we are truly "open range", is to graze the state, or federal lands, that border you. let us know how it goes...
                        It goes just fine. LOL

                        Comment


                          #13
                          Originally posted by jerp View Post
                          Being in a "fence out" county can be frustrating if you have uncooperative neighbors. A friend of mine bought a place and manages it for hunting/recreation. He runs no cattle so the grass is tall, tasty and irresistible to the cows on the overgrazed place next door. Problem is, the fence on that side is in terrible shape and the neighbor won't pitch in to fix it. I'm sure he is fine with the free grass his cows are eating until my buddy coughs up the $$ to replace almost a mile of fence. Just part of being a landowner I reckon...
                          Yep..I would welcome stock laws in our county but it’ll never happen.

                          Comment


                            #14
                            Originally posted by RiverRat1 View Post
                            My fence that is +/- 1.5 miles on one side is really bad. I lease to an old cattle guy. His cows are always getting into the State Park. Park people don't seem to care. Cattle guy obviously won't give up 10 years of profits to fix my fence. I don't want to give up 15 years of lease money to fix that portion of the fence either.

                            The State in a nut shell needs to properly mark it's boundaries as it's a major trail hiking park.

                            Long story short I'm looking for anything to prompt the State to pitch in some for a new fence. I figure odds are low but worth a hot.



                            It goes just fine. LOL
                            Have you talked to the head person at your state park? A state park borders me to the north and they have always paid for half of their shared fences.

                            Comment


                              #15
                              Originally posted by Stuck View Post
                              Don’t care what the law states. Be ****ed if I’m going to let high dollar cattle just wander around aimlessly. Think I’ll keep them behind a fence.
                              Sounds like good common sense.

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