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Kingman Daily Miner | Kingman, Arizona

home : opinion : opinion May 1, 2016


11/6/2012 6:01:00 AM
Reader Letter: Good neighbors control cattle

Recently on the south side of Estrella we have been plagued with cows. Several have ravished my yard, eating anything that grows. I have sustained several hundred dollars in damage. When I call MCSO to ask for assistance I have been told it's "Open Range" and I have no rights. If I don't want someone else's livestock to eat my plants I need to totally fence my yard. I don't pay taxes to feed a cow I don't get to eat! This is wrong.

I consider myself lucky I have just lost plants. Recently one of my neighbors hit one with his truck. I am sure MCSO knew who the owner was and notified the rancher of the loss. I guess what really irritates me is I also have called the brand inspector and I never get a call back from them either. Whose responsibility is this?

If my horse got out and ate the neighbor's hay I would never allow him to roam, endanger his life and damage others' property. I guess we have all forgotten what it takes to be a good neighbor. Having unwelcome cow visits is not my idea of being a good neighbor.

Wendy Carlisle

Golden Valley


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Reader Comments

Posted: Thursday, November 15, 2012
Article comment by: Butch Meriwether

Paul Frankfurter, it might behoove you to read the Arizona Revised Statutes in regard to Open Range Laws. You are correct that Estrella south of Highway 68 isn’t an allocated area for cattle to range. It is basically private property and open range laws pertain. If you don’t want a cow in your yard, then fence it off. Here is the Arizona Revised Statute that deals with recovery of funds for damage from a cow: 3-1427. Recovery for damage to unfenced lands exception - An owner or occupant of land is not entitled to recover for damage resulting from the trespass of animals unless the land is enclosed within a lawful fence, but this section shall not apply to owners or occupants of land in no-fence districts.

Posted: Thursday, November 15, 2012
Article comment by: Site Steward

Back on May 21, 2005, a former reporter with the Miner wrote a good article about the issue of open range laws in Arizona and also contacted Jack Spears, the former BLM Rangeland Manager, who offered some good advice about dealing with roaming cattle on their property.

Here is the link to that article.

http://kingmandailyminer.com/main.asp?Search=1&ArticleID=7906&SectionID=1&SubSectionID=1&S=1

In 2011, there was also similar letter posted on the KDM website by a resident in the Walnut Creek Estates posted on the Miner website regarding the same complaint about roaming cattle around their homes.

http://kingmandailyminer.com/main.asp?TypeID=1&ArticleID=47537&SectionID=36&SubSectionID=843&Page=1

The BLM's website provides very useful information on Rangleland Management on public lands and locating grazing allotments at these two links:

http://www.blm.gov/az/st/en/prog/grazing.html

http://www.blm.gov/ras/


Posted: Wednesday, November 14, 2012
Article comment by: Site Steward

The designated grazing allotment on public lands in that area is the Black Mountain Allotment, 10A.

Posted: Wednesday, November 14, 2012
Article comment by: Paul Frankfurter

@Wendy

Estrella from Hwy 68 south to Shinarump Drive is NOT open range land. It is, in fact, not a designated cattle allotment area. Try to get pictures of the brand markings. You will need this for your insurance claim or small claims court.

Disregard all the "expert" comments. Go to the Kingman BLM Field Office and ask for a copy of the "allotment boundary map" covering your area. You will probably need to speak with a "range management specialist", so it would be best to call ahead or make an appointment as they spend time in the field and are not at a desk all day.

BLM's number is 718-3700


Posted: Thursday, November 8, 2012
Article comment by: Anthony Casey

Let me get this right.....By Law, if I am obeying all the driving laws and my neighbor runs out in front of my truck, and I kill him, that is alright. But if a cow runs out in front of my truck and I kill him, I must pay for it???????????? Yah, something is wrong with the law.

Posted: Thursday, November 8, 2012
Article comment by: There are solutions .....

https://gardenshop.telegraph.co.uk - this is the website to place an order for lion manure pellets, which users are claiming repels a wide variety of animals which would fear the presence of lions (this would include cattle). Information at the website includes significant discounts for purchases of at least several pounds (although shipping charges listed are for delivery within the EU, and you will have to determine from them the charges for U.S. delivery), and instruction on the use of provided materiels (such as hand gloves, to avoid human scent). This could be the interesting solution to wandering cattle here.

Posted: Thursday, November 8, 2012
Article comment by: CC DUBYA

I haven't had a good steak since I left Texas. Must be that cheap free range junk the local cows eat. Then again maybe there aren't any real ranchers here anyway. You know "Big hat no cattle." Oh yeah and by the way good fences do make good neighbors.

Posted: Wednesday, November 7, 2012
Article comment by: Hualapai Dog

The taxpayer costs to subsidize the AZ cattle industry are higher than all the benefits associated with illegal immigrants combined. If Big Beef wasn't so entitled to their Big Government funded "Agricultural Exemption" welfare program, and if they had to pull their own weight and pay their fair share of property taxes like any other business, the AZ Cattleman's Assoc. couldn't afford to continue buying politicians. Free range isn't free for the rest of us.

Posted: Wednesday, November 7, 2012
Article comment by: biker randy

Real sorry to hear another local biker has been killed by a driver. Jimmy sounds like he was a great person. I've been riding for 50 years but don't ride at night. It's dangerous, IMHO.

Decades ago I pulled out in front of a MC cop at night I didn't see. Luckily we didn't make contact but I got a ticket.


Posted: Wednesday, November 7, 2012
Article comment by: old desert woman

I had a very fat cow in my fenced horse pasture. My daughter had all her hay eaten when she was too tired to close her gate when she got home from work. I think it is putting too much of a burden on land owners. I don't mind the free range part because there is lots of open land but when they come onto fenced property, breaking fences, eating hay, these things should be compensated. These are huge cows due to the feed and hay they get into. I wonder how many of the unbranded calves have disappeared?

Posted: Wednesday, November 7, 2012
Article comment by: Cow Patty

Exactly my point. The rancher no longer raises cattle for a living, there's no money in it. They only free range their cattle now because they get lower taxes on the land and can make more profit when they sell it. Just because something has been done a certain way for years doesn't mean it should continue that way when times have changed. Welcome to the future. Free range cattle need to be contained by the rancher and stop freeloading off the public's dime.

Posted: Wednesday, November 7, 2012
Article comment by: Oh Really

@ rick o'shea

Last I knew cattle rustling was illegal.

You kill and eat it you are guilty of rustling.


Posted: Wednesday, November 7, 2012
Article comment by: Web Dawg

@ Origional Kingman Resident

I agree!


Posted: Tuesday, November 6, 2012
Article comment by: There are solutions .....

You can try Silent Roar (African) lion manure, which can be purchased online from the U.K. starting at about $15/pound, plus shipping charges and any applicable taxes. It's proven to keep away a wide variety of animals which, in the wild, would avoid lions. This comes in the form of pellets which, once properly spread, generally remain effective in most weather conditions for about 3 to 4 months.

Posted: Tuesday, November 6, 2012
Article comment by: Amaryllis Smith

This artical reminded me of a funny situation at my house out north stockton hill road. We were waken by a loud rubbing /scrachting noise outside the wall our bed was against-went to see-it was a cow rubbing it's side on our wall! Solution? We fenced our property-Open Range rules unless Your property is fenced off and animal comes threw fence.

Posted: Tuesday, November 6, 2012
Article comment by: mr. parker

The way of life that the people have had for a hundred years-open range- should not be changed because you decided to buy property in an area zoned for livestock.

I own horses and keep them fenced in a corral and I have had the occasional steer come on my land where it's not fenced. The only thing I don't like is when they leave their calling card.


Posted: Tuesday, November 6, 2012
Article comment by: wow wow

@ rick o'shea go ahead and butcher the cow and let us all know how the ballony tastes in jail when your put in their for theft

Posted: Tuesday, November 6, 2012
Article comment by: Living in the Country

We moved to the country to get out of the city. We love it. I have planted things the open range cattle & deer won't eat.
I always worry about the open range & deer getting hit on the busy roads.


Posted: Tuesday, November 6, 2012
Article comment by: Just Sayin

@ Cow Patty -
Are you kidding me? Making a profit off of others?
Tell me when the last time you raised a beef and what profits were made! With the cost of fuel going up and the cost of hay through the roof you put into the livestock the cost you get out. If you are lucky there comes some pay at the end of a sale or butchering.
And for your comment about people not having brands, my family has been raising beef for generations and they brand all of them. In fact my grandfather was a branding inspector in the past.
Don't try to place your city rules on the country folk!
Thanks.


Posted: Tuesday, November 6, 2012
Article comment by: To Rick O'Shea

What you are suggesting is THEFT- you might want to rethink your suggestion before someone ends up in jail.

Posted: Tuesday, November 6, 2012
Article comment by: oldtimer in Mohave County

Really? Do you eat beef? Cattle are not pets.

Posted: Tuesday, November 6, 2012
Article comment by: Cow Patty

Actually, the law states that only owners of cattle that are lawfully free ranging are not liable for damages. One of the requirements for free ranging are that cattle are branded. If the cattle that are damaging your property are not branded then the owner is liable.
Actually, the laws need to be updated to reflect today's world and free ranging cattle need to be a thing of the past. Letting one person (the rancher) profit at the expense of everyone else is wrong.


Posted: Tuesday, November 6, 2012
Article comment by: Just Sayin

Arizona Department of Agriculture’s Arizona Revised Statutes (ARS) Title 3, Article 8 contain nine separate statutes that comprise the open range laws of the State.

Posted: Tuesday, November 6, 2012
Article comment by: NORTHERN STAR

It is YOUR responsibility to put up a fence! Moving out to the open range, you should know.


Posted: Tuesday, November 6, 2012
Article comment by: Rick O'Shea

Well if I remember correctly posession is 9 tenths of the law, so have the cow professionally butchered and divide up the meat between the folks that have damages and the rest can go to the needy.


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