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  #101  
Old 07/02/13, 02:09 PM
 
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Location: N.E. Oklahoma
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The community needs to get a lawyer and sue him as a community. Then call the livestock commission and have them removed every time. Keep documenting. Stand up for yourselves and don't listen to the ones who say it is a fact of life, given what you've posted you have a different situation. A bull that is standing in my yard because of his failure to come get it is either going to go to bull heaven or to the livestock yards. The rancher is hoping that you go away quietly and just give it up. And before anyone says I couldn't shoot the darn thing, I live in Oklahoma and you can if it happens more than once or twice. It's been done many times. Most ranchers around here don't act like that for that reason.
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  #102  
Old 07/02/13, 02:18 PM
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Originally Posted by belladulcinea View Post
The community needs to get a lawyer and sue him as a community. Then call the livestock commission and have them removed every time. Keep documenting. Stand up for yourselves and don't listen to the ones who say it is a fact of life, given what you've posted you have a different situation. A bull that is standing in my yard because of his failure to come get it is either going to go to bull heaven or to the livestock yards. The rancher is hoping that you go away quietly and just give it up. And before anyone says I couldn't shoot the darn thing, I live in Oklahoma and you can if it happens more than once or twice. It's been done many times. Most ranchers around here don't act like that for that reason.
Oklahoma is not an open range state. Whole different thing. Arizona, like many western states is an open range state.
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  #103  
Old 07/02/13, 02:23 PM
 
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Location: Middle of nowhere along the Rim, Arizona
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Painterswife, if the tall grass you're talking about is lovegrass, cows don't like it. It looks nice and lush but they won't eat it until there's nothing else left. We have that issue here.

An update on the situation -- we had three cows in the yard last night. Woke me up multiple times. My father called the rancher, and his guys chased them back out. They told us they're in the process of moving the cattle to an allotment a few miles away, so that should solve the problem in the very near future. YAY!

They responded promptly, so apparently we've agitated at them enough to make taking care of the cattle in our neighborhood a priority.

Just to make the day extra special fun, however, I spotted a sick coyote on the way to the mailbox. I didn't have a gun with me. It wasn't moving very fast, but it got away by the time my dad and I got back with firearms it was gone. (I was surprised it moved at all -- it was pretty wobbly.)

The foreman, meanwhile, saw it a few hundred yards away in the creek and called us, but apparently didn't have a gun handy. (Which surprise me ... pretty much everyone is armed out here.) He had a younger guy with him and the kid had a gun, so they said they'd shoot it if they saw it. If the coyote had any functioning brain cells left, however, it was long gone, what with all the dogs and cows and people running around. Hopefully it crawls off and dies somewhere ... we looked but couldn't find it.

Ya know ya live in the country when part of getting dressed in the morning should be strapping on a hand gun ...

(My best guess for what was ailing the coyote was rabies, but canine distemper and parvo are issues out here too. Whatever was wrong with him, he didn't look very good.)
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  #104  
Old 07/02/13, 02:31 PM
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Originally Posted by Cygnet View Post
Painterswife, if the tall grass you're talking about is lovegrass, cows don't like it. It looks nice and lush but they won't eat it until there's nothing else left. We have that issue here.
Don't even know what lovegrass is. My property and what is now forest service used to be a very large dairy farm before they put the reservoir in. This is all pasture that the stock on that farm ate for many years before we moved in. They love all this grass. They just wander. They cross the bridge and end up on the highway and that whole area has no browse at all.
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  #105  
Old 07/02/13, 04:06 PM
 
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Location: N.E. Oklahoma
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My whole point was and is that she has posted what the rancher was supposed to do and he decided not to!

As for OKlahoma not being open range where I live, but it is in the panhandle and yes I do know what open range laws are. I have relatives with large cattle ranches in open range states and I KNOW they don't act the way this guy is.
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  #106  
Old 07/02/13, 04:15 PM
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Originally Posted by belladulcinea View Post
My whole point was and is that she has posted what the rancher was supposed to do and he decided not to!

As for OKlahoma not being open range where I live, but it is in the panhandle and yes I do know what open range laws are. I have relatives with large cattle ranches in open range states and I KNOW they don't act the way this guy is.
From Oklahoma's Dept. of Agriculture:

  • 2.11 Open Range Information
    Oklahoma is not an open range state. 4 O.S. § 98 2000 Supp. states that all domestic animals shall be restrained from running at large in the State of Oklahoma. The definition of “domestic animals” includes “cattle, horses, swine, sheep, goats, exotic livestock and all other animals not considered wild,” but does not include domestic house pets or feral hogs. This law went into effect on January 1, 1966. The entire text of Oklahoma’s Herd Law is contained in Chapter V of this policy.


I would say you must NOT know what it is because you are advising the OP to shoot the trespassing cattle and that is illegal in an open range state.
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  #107  
Old 07/02/13, 06:58 PM
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Originally Posted by CathyGo View Post
Open range, open range, open range, etc.

Are people really just not getting that the situation does NOT concern open range?

Everybody keeps on coming back to that even though the OP has clarified that the owner is responsible for the containment of his cattle.

I have no suggestions that are printable other than calling the authorities each and every time a cow gets out. The cattle owner won't deal with it so don't deal with them.
We were talking about two different situations. The OP's apparently isn't really open range (which was pretty clear from the first post) but the other situation brought up supposedly was open range, although I don't know the actual laws in either of those places.
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  #108  
Old 07/02/13, 06:59 PM
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I feel sorry for the cows after seeing the land pictures. Looks like they are just trying to get to the grass on your side since theirs is bare. Maybe having them picked up will get them a better home. Poor cows.
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  #109  
Old 07/02/13, 07:05 PM
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Tambo, I'm hoping that all the land doesn't look like it does in the one area and if it does, it would explain why the cows are wandering but they'd darned sure be dropping weight pretty fast.
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  #110  
Old 07/02/13, 07:42 PM
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Originally Posted by jtbrandt View Post
We were talking about two different situations. The OP's apparently isn't really open range (which was pretty clear from the first post) but the other situation brought up supposedly was open range, although I don't know the actual laws in either of those places.

It IS open range. Unless it's specifically designated as a Fence Out area (like in cities), it's open range. Yes, the rancher is supposed to fence his allotment but if the cows get out, it's still open range and if you don't want them in your yard you have to fence them out. You can't catch them, and you can't harm them.
This article kind of illustrates the problem:
http://www.azcentral.com/community/a...ahwatukee.html

http://www.hpj.com/archives/2010/sep...enRangeLaw.cfm

http://www.hcn.org/issues/269/14595

and here from Gila County (where I'm assuming Cygnet lives since she's said she lives near Payson): http://www.gilacountyaz.gov/governme...f_the_west.php
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Last edited by LisaInN.Idaho; 07/02/13 at 08:47 PM.
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  #111  
Old 07/02/13, 09:16 PM
 
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Originally Posted by LisaInN.Idaho View Post
I've already given examples of my experience with open range and wandering cattle on my property in northern Arizona and here in Idaho. What is your experience with open range? I thought you were from back east.
Well I sure don't have all the experiences some of you people have. But I lived in the west,East side of the devide, 25+ years,working for many different people. As we speak Im in the East. Since my retirement I wander like the cattle. enjoying this great country on my Honda GoldWing.
My largest eye to eye experience came when hunting in Colorado. We hunted private land and the owner had to drive cattle away from his door yard everyday. He was forced to build a solid stock aid fence to keep his hay from being eaten by the wandering cattle. Some of which were delivered to their home ranch 35mi. away just 3 days before. He had a number to call and they came right out and marked them and the owner was called. Was given 1hr. to respond or they would take further action. So this land owner was getting help from someone. It was from one of the local agencies that had some clout to back them.
Although there are some shady ranchers,,they are out numbered by the good ones. The shady will take advantage of people no matter what business they are in. Just happens to be cattle right now.
I guess to settle this,,everyone will have to go to town and find out which law governs the land they are on and act accordingly.
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  #112  
Old 07/02/13, 10:21 PM
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Originally Posted by doomas View Post
Well I sure don't have all the experiences some of you people have. But I lived in the west,East side of the devide, 25+ years,working for many different people. As we speak Im in the East. Since my retirement I wander like the cattle. enjoying this great country on my Honda GoldWing.
My largest eye to eye experience came when hunting in Colorado. We hunted private land and the owner had to drive cattle away from his door yard everyday. He was forced to build a solid stock aid fence to keep his hay from being eaten by the wandering cattle. Some of which were delivered to their home ranch 35mi. away just 3 days before. He had a number to call and they came right out and marked them and the owner was called. Was given 1hr. to respond or they would take further action. So this land owner was getting help from someone. It was from one of the local agencies that had some clout to back them.
Although there are some shady ranchers,,they are out numbered by the good ones. The shady will take advantage of people no matter what business they are in. Just happens to be cattle right now.
I guess to settle this,,everyone will have to go to town and find out which law governs the land they are on and act accordingly.
I do agree that the good in everything outnumber the bad but the bad ones sure leave a bad taste in everybody's mouth. I also agree that it's a good ideda to know what laws govern but even when you think you have it all figured out, there is always provisions when livestock are involved by way of terms like, reasonable effort to contain, reasonably maintained fences, etc.
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  #113  
Old 07/02/13, 10:48 PM
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Originally Posted by LisaInN.Idaho View Post
It IS open range. Unless it's specifically designated as a Fence Out area (like in cities), it's open range. Yes, the rancher is supposed to fence his allotment but if the cows get out, it's still open range and if you don't want them in your yard you have to fence them out. You can't catch them, and you can't harm them.
This article kind of illustrates the problem:
http://www.azcentral.com/community/a...ahwatukee.html

http://www.hpj.com/archives/2010/sep...enRangeLaw.cfm

http://www.hcn.org/issues/269/14595

and here from Gila County (where I'm assuming Cygnet lives since she's said she lives near Payson): http://www.gilacountyaz.gov/governme...f_the_west.php
I understand it's an open range state. What I meant is that the land the cows are intended to be on isn't open range, it's leased.
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  #114  
Old 07/02/13, 10:58 PM
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Originally Posted by jtbrandt View Post
I understand it's an open range state. What I meant is that the land the cows are intended to be on isn't open range, it's leased.
It's still open range. It doesn't matter if the land is leased or if it's your back yard, if you don't want the cows on your property, you fence them out.
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  #115  
Old 07/02/13, 11:44 PM
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Originally Posted by LisaInN.Idaho View Post
It's still open range. It doesn't matter if the land is leased or if it's your back yard, if you don't want the cows on your property, you fence them out.
I think there is just some confusion about which land we're talking about. I'm talking about inside the fence. Outside the leased land may be open range, but inside isn't. If it was, it would be "open" and not fenced. Obviously it isn't fenced well, but that's beside the point. If it were open range there would be no reason to lease it. Anybody could just put their cows in there without paying...which maybe they can now because the fence is in such bad condition.

ETA: I lease 2 full sections and several smaller parcels. They are all fenced out so they are not open range even though they are in an open range state.
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  #116  
Old 07/03/13, 12:23 AM
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I'm trying to make sense of your story. You've got a quarter section, which is a mile in circumference. You maintain 2000 feet of it, which is less than half.

I'm not familiar with Arizonas fencing laws, but I'm sure they fairly similar to Colorados, since they were both western states when the fence laws were written. Colorado is an open range state, there are different facets of the fencing law, and how strays are dealt with. But most laws were created during the homesteading era. IE...if your a small landowner, you must fence out your place. There have been add-ons to these laws of which I'm not totally familiar with.

But a mile of fence....C'mon! That's such a small thing to build or maintain. Cattle aren't that hard to keep where they belong with a good and proper fence. I don't care what people say! Bulls might get to lusting at a bunch of girls on the other side, but even they (99%) can be taught that it's not a good place to be.

Don't know what your pictures were supposed to represent? Not typical range conditions for sure. Very little explanation of them that didn't create more questions?



net;6644388]I live in a tiny community with about seven full time residents, around 24 homes (including vacation homes), and about 160 acres of land total between all the owners. It's entirely surrounded by national forest. The community is a real eclectic mix of vacation homes, a small farm with horses, a small vineyard, etc. We (my father, stepmother, and I) have goats, a garden, and pretty much a little piece of paradise here.

To make a long story short, the community is responsible for maintaining about 2,000 feet of range fence to keep the range cattle out, and the rest of the fence is the rancher's LEGAL responsibility.

(A brief explanation for those who want it -- the community is on the border between two sections. The rancher needs to maintain the actual border between sections, or "pastures" as they're called locally. We maintain the fence between the privately owned land and the range pasture on the west side.)

All told, it's about a mile of fence over some very rough terrain. My father and several other owners got the forest service permits, paid for the materials, and put up the community's part of the fence about six years ago. This involved driving t-posts into limestone in some pretty rugged country ... They've maintained it really well since. As far as we know, we've had no cattle get through "our" fence -- we've kept it tight, we walk it regularly, cut down fallen trees, fix wash-outs, etc.

The rancher ... not so much. It's been an ongoing problem, for years. It takes them days to get them to respond when their fence is down, and to come get their cattle out of the community. (Fixing the rancher's fence if it were just one spot wouldn't be a huge issue but rounding up range cattle without horses or dogs is. And his entire fence line needs to be reworked, so it's not just one spot. It's sagging, trees over it, washed out, etc..)

My father's complained to the forest service regarding the poorly maintained fence, and the rancher's foreman tells the forest service that "we" left a gate open or didn't maintain "our" fence and that's why cows got through. Untrue, but the forest service seems to side with the rancher most of the time. It's a local-politics thing. You kinda have to deal with politics in an area like this to understand ... there's the truth, and then there's the good ol' boy network, and the two are sometimes incompatible.

Today was the final straw, as far as I'm concerned -- the rancher's foreman told my father that he couldn't find some cattle that were in the community. They were in plain sight -- he didn't actually drive in to look for them, he just SAID he looked for them. So my father raised heck with him, and got the foreman to come back, and showed the foreman where the cows were ... in plain sight lying down in somebody's front yard.

My father also told the foreman that he would call the livestock commission and report the cattle as strays if they didn't start responding IMMEDIATELY rather than a few days later when cows got loose. By state law, they ARE considered strays as soon as they leave their range pasture.

The foreman's response? If my father did that, he would cut the fence and drive ALL the cattle into the community.

Two hours later, I go to get the mail, which is a mile away. The foreman's truck and horse trailer was down at the rancher's sorting pens so I knew he was still in the area. The sorting pens are right across the road from our mailboxes. I decided to drive around the community to see if the foreman was still chasing cows through our back yards (he wasn't) and to make sure the gates were closed if he was gone.

I find a big Angus bull is hanging out on our neighbor's lawn in plain sight, chewing his cud. No sign of the foreman. My father calls the foreman, and he hangs up on my dad. My father calls the rancher, has a chat with him, and the rancher says he'll call the foreman and tell him to go get the bull.

Figuring the foreman might be nicer to me, since I'm female, I volunteered to drive down to the sorting pen to make sure the foreman got the bull before he left. He's been a real jerk to any man from our community who's talked to him. (I think it's a local culture thing -- the good ol' boys around here tend to be jerks to other men, but if a woman asks them nicely, they'll take care of it.)

As I pulled up on my quad to the sorting pen, the foreman was loading his horse and dogs up to leave. The conversation went something like this:

"Hey! I'm Cygnet, I live up here. I know you're looking for a bull. Did your boss get ahold of you?"

"Ayup."

"Did you get the bull out?"

"Couldn't find 'im." (Note that it's a mile from my house to the sorting pens, so in the time it took me to drive an ATV a mile on dirt roads, he spoke to his boss, searched for the bull, couldn't find the bull, and got back to the sorting pen. His little horse sure can move!)

"Oh! Well, I can make life easy on you. He's in S.B's front yard."

"I don't know where S.B.'s front yard is."

"Well, follow me, I'll show you."

So I showed the foreman where the bull was. He assures me the bull is a big pet, wouldn't hurt anyone, then he throws a loop over the bull's head, and leads him off towards the gate. The bull is apparently halter broke and easy to handle. So it wasn't like he was avoiding a rodeo with some man-killing monster of a wild range bull. Seriously? How hard would it have been to just go get the dang bull rather than make a huge production out of it! Yeah, he probably had to ride a mile on horseback in 90 degree weather to get the bull where he was supposed to be, but tough noogies, it's his JOB.

(And I don't care how nice the bull is, I don't trust bulls. Though after watching the foreman handle him, I may just see if I can lead him where he belongs the next time he shows up. He's halter broke, and I don't want the neighborhood kids who come up almost every weekend getting clobbered. Alternately, rather than leading him back to his range, I might just be evil and put him in a pen and call the authorities to come get him as a stray. Probably depends on what kind of a mood I'm in that day ...)

Annnyway ... sorry for the long story. Guess this was a bit of a vent.

The rancher is in the wrong -- they're not maintaining fences. It is an ongoing issue that they clearly don't take seriously. There are KIDS in the community. I don't care how easy the bull is to handle, he's a bull.

I suspect we will be involving the livestock commission because the rancher's just not going to change anything. He's had years to shape up. I know they WILL impound strays that cross the range fence, and it'll cost him $$ to get them back. And the foreman's threatened to take revenge if we do. (I suggested to my father that he start recording conversations when he talks to the guy.)

Did I mention the rancher is a well known car salesman who owns a couple very big dealerships? He views ranching as a 'fun hobby' and has said as much.

I have a feeling it's going to be an interesting summer.

Too bad we don't have freezer space for about 1500 pounds of beef ...[/QUOTE]
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