Interupted Russlers!

Tana Mc · #21 07/02/12, 09:43 AM

Yeah--- I am thinking training them to move on this new rotational grazing thing will probably go smoother, too! LOL!

CJBegins · #22 07/02/12, 09:48 AM

Just wow! Range cube(cow candy) really work around here. I think I would demand that the Sheriff go talk to this idiot if they haven't already.

ErinP · #23 07/02/12, 09:55 AM

Quote:

Originally Posted by CJBegins

Tana, contact the oil company and have them place a lock in a chain and you place a lock in the chain. They keep their key and they have access. You have a right to keep your property secure. Our utility company has their own lock on our chain and can come and go as needed. You probably want a better gate, cause wire is easy to cut.

Glad you figured out it was a lousy neighbor rather than actual thieves. But you can indeed get a lock. One of our pastures had to be accessed by natural gas crews on a regular basis and they, and we, had keys to the gate. No big deal.

oneokie · #24 07/02/12, 12:47 PM

Quote:

Originally Posted by Tana Mc

I have kids employed by the sheriff and the stock yards. We will just have the check sent to the rancher..... that might give him some money to build fence! Sheriff is ok with that idea.

I called dispatch at the sheriff dept to let them know that we don't have a band of rustlers roaming on this side of the county and he told me that they are getting pretty tired of pushing this guys cattle off the road in the middle of the night.

Interesting statements. If the Sheriff and deputies are tired of pushing the cattle off the roads, why haven't they caught, loaded, transported to the nearest sale facility and sold the cattle themselves??

Wilbur · #25 07/02/12, 01:11 PM

What are the rules if someone in a car hits one of his cows that is out in the road? Would be liable if he's been spoken to time and again. Someone could get hurt/killed.

oneokie · #26 07/02/12, 01:23 PM

Quote:

Originally Posted by Wilbur

What are the rules if someone in a car hits one of his cows that is out in the road? Would be liable if he's been spoken to time and again. Someone could get hurt/killed.

Most likely, the injured party would have to prove beyond a reasonable doubt exactly who was the owner of the animal.

ErinP · #27 07/02/12, 02:11 PM

Depends on where she's at in KS, but here in western KS, folks tend to brand their cattle.
No getting around the fact that your brand is there on the hip of that dead cow.

Molly Mckee · #28 07/02/12, 02:34 PM

I don't know about KS but further west we have areas of open range. If you hit a cow in an open range area , you just bought it. Any damage is your problem.

Tana Mc · #29 07/02/12, 02:41 PM

It is a bizarre thing about hitting a cow out here. You do have to prove who the owner is..... some brand and some don't. If your cattle are not typically out roaming the highway, it is hard to prosecute. If it can be proven that you commonly have escapee cattle---then there is a case.
This neighbor is a sitting duck for a law suite.

I live in mortal fear of my cows getting out and causing an accident. I don't own pasture directly on a paved road and won't rent any either. I keep them well fed and check my fences regularly to try to keep them in...... I have other problems tho--- those gas and oil boys really do not want to open and shut the gates any more than they have to..... sometimes they will leave them open because they don't intend to be there long and a cow or two will escape. They don't even try to get them back in and just shut the gate and drive off. They figure that they won't go far and usually they don't but it ticks me off anyway.

genebo · #30 07/02/12, 06:45 PM

In Virginia where I live, each county can elect to be a free-range county. That means that in my county, I have to fence my cattle in, but if you don't want them on your property, you have to fence them out.

If one of my cows gets out and you hit it with your car, you have to pay me for the cow.

However, If my cow habitually gets out and you hit it with your car, I have to pay for your car.

The key to the difference is the number of reports that have been filed. That means calling the sheriff's office to report a violation, then making sure that the deputy who responds files a report.

If enough reports get filed, the owner of the cattle that frequently get out is guilty of a class A misdemeanor, and can be sent to jail.

So you are required to make a good effort to keep your cattle in. Anything less is criminal. It sounds like your neighbor would be in violation if he lived here and enough people reported his cattle getting out.

The last thing is if the deputies filed their reports. Often, the Good Buddy system is in effect. The owner grew up here and so did the deputies. The reports miraculously never get filed. You have to insist on them being filed and get a copy for yourself.

I am very diligent about keeping my fences in good repair, plus my cattle are trained to the fence. I sleep easy knowing that if one does get out, I'm OK. Your neighbor, in order to be a good neighbor, needs to do the same.

SpaceCadet12364 · #31 07/02/12, 06:54 PM

Maybe get the gas and oil boys to spring for some sort of remote-controlled gate setup? That way, they wouldnt have to get in and out of their truck....and there shouldnt be an excuse to not close the gate when they come in.

oneokie · #32 07/02/12, 10:03 PM

Quote:

Originally Posted by Tana Mc

sitting duck for a law suite.

I live in mortal fear of my cows getting out and causing an accident. I don't own pasture directly on a paved road and won't rent any either. I keep them well fed and check my fences regularly to try to keep them in...... I have other problems tho--- those gas and oil boys really do not want to open and shut the gates any more than they have to..... sometimes they will leave them open because they don't intend to be there long and a cow or two will escape. They don't even try to get them back in and just shut the gate and drive off. They figure that they won't go far and usually they don't but it ticks me off anyway.

It does not matter if it is a paved road or a gravel/dirt road regarding liability of a livestock-vehicle accident.

If you are not documenting each and every time that the oil/gas people leave the gate open and let your cows out and complain often and loudly about it, they will continue to use you as a door mat. Because unless you have documentation of the dates and times when those instances happen, you are fully responsible for your livestock being on a public roadway.

I will say again, You need to research Kansas livestock law. Or, consult with an attorney who is familiar with same.

SpaceCadet12364 · #33 07/03/12, 08:19 AM

Another thought about the gate situation and such......how about installing a cattle grid? Voila, no gate.

Maybe get the gas & oil people to do it, or go halvsies....doesnt hurt to talk to them about it.

Tana Mc · #34 07/03/12, 10:35 AM

I have thought of the cattle guards but I also plan to graze my goats...... a cattle guard is just a playground for them. Still have lots of fence to get up to goat standards before we are to that point tho.

On top of that, my kids and I often ride out on the horses and getting them in and out of the pasture with a cattle guard would require another smaller access gate. My to-do list is incredible long as it is---- that is why I still haven't gotten the wire gate replaced with the pipe gates I bought when we moved here two years ago..... I have seen some really cool ideas using a combo cattle guard and drive thru electric fence dangling down.

Basically---- I have just put the fear of God in the boys that come out here. I posted signs and the first time I caught it open...... I flung a hissy fit on the guy and he has apparently spread the word that I am a crazy lady. In all honesty, I have not had any trouble at this farm that we own but on rented ground, they are not nearly as concientious.

I understand that these guys open and close literally hundreds of gates a day on their repair/check routes. But--- that is part of their job.

On another note, we plan to move the girls into the first paddock before noon tomorrow. We plan finish up the wire for the second and third paddocks this evening. There will be seven in all. While the gang is in there, the gates, and imaginary russlers will not be high priorities....

SpaceCadet12364 · #35 07/03/12, 11:16 PM

Maybe the convenience aspect of them not having to open/close might get them to either put an automatic thing in for you, or share the cost. Makes it easier for them, makes it less worrysome for you.....and, a happy crazy lady is a good thing!

Less hassle for them, makes their job go quicker, you don't lose cattle & go crazy on them, lessened liability issues..... I would think that if one of the animals got out because oil guys left it open, and caused an accident, then you should be able to put the liability on the oil guys/company for the accident and of course paying you for the animal(s) that were injured/killed.

Doesn't hurt to try...worst thing they could do is say no.