Austin Court of Appeals Rules Breeder Deer are NOT Private Property

[Mexico]

https://agrilife.org/texasaglaw/2019/07/15/austin-court-of-appeals-breeder-deer-are-not-private-property/

Interesting article...

[deerwatcher51]

Just saw that also. Interesting read.

[WItoTX]

Thanks for posting.

[meltingfeather]

Seems pretty straightforward... and the right call by both the trial and appellate courts.

[bowaddict40]

Now here is the next question since they are property of the state, how are they able to sell them? They legally do not own them according to the state law.

[gigem95]

Now here is the next question since they are property of the state, how are they able to sell them? They legally do not own them according to the state law.

X2


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[El General]

Because nobody has challenged the legality of selling deer and there aren't any laws making it expressly illegal.

[Mexico]

They're not selling the deer, they're changing you to hunt their land....." as they're measuring the deer to charge you by the inch"

[meltingfeather]

Now here is the next question since they are property of the state, how are they able to sell them? They legally do not own them according to the state law.

Cuz it says so explicitly in the law? It was quoted in the article.

Texas Parks Code 43.357
(a) The holder of a valid deer breeder's permit may:

(2) sell, transfer to another person, or hold in captivity live breeder deer for the purpose of propagation or sale.

[Stonecold69]

About to get real interesting...

[txwhitetail]

Just as it was when everyone signed up for the program.


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[meltingfeather]

About to get real interesting...

Not really... pretty cut and dried.
There is no way in hell TPWD or any reasonable court is going to let breeders off the hook for CWD testing and reporting.

[MAP]

The state does not want ownership of deer, they don't want to pay for the property damage and lawsuits that would come from all the lawyers representing car crash victims

[ultrastealth]

I hope that this isn't the deer breeder near Sabinal that has had so many cases of CWD. If it is, and they win, Katy bar the door.

[Jon B]

Now here is the next question since they are property of the state, how are they able to sell them? They legally do not own them according to the state law.

In for the answer! Where do we draw the line? Exotics?