Ohio Deer - who owns them?
 

This topic came up a few days ago while I was sitting around talking with my dad and brother-in-law. We were talking about the recent bust of the poachers and the fines. $13k + truck for a big buck.
Now, I understand the ODNR states that the animals (deer in this example) are the peoples and they are responsible for them. So, if someone is out illegally taking them the wildlife officers can go anywhere they want to protect them and to write tickets. I don't want to argue if they have too much power or not, but my question is this. If the deer are their animals then would we have a claim when one of their animals jump out in front of my car and destroy it? I know my insurance will pay for it, but if I had a cow and it walked out into the street wouldn't my insurance be responsible for fixing the car that smashed into it?
I know nothing will change and it is what it is, but I think it's somewhat interesting that there is sort of a two sided law on this.
Another thought I had was, has anyone ever been sited by a wildlife officer for taking game out of season or even with an illegal weapon by killing a deer with a car?
What do you all think?

RE: Ohio Deer - who owns them?
 

Obviously, deer are a public resource controlled by the state. I'm not lawyer, but I would assume that if people wanted they could file suit because of damages caused by alleged mismanagement. I have a friend in Illinois who has considered such an action. He owns a vineyard that gets a lot of damage by deer, but the state refuses to let him cull the deer.

RE: Ohio Deer - who owns them?
 

Actually, no, not always.

RE: Ohio Deer - who owns them?
 

I'll tell you a good one-

Here inWI a farmer hit a 763LB black bear with his combine. The farmer wanted to keep the bear because he fed it his corn(not voluntarily). The bear caused a whole lot of damage to his corn field. The wonderful DNR said he could buy the bear for I think About $150.00 . The farmer asked - What about the damage the bear caused to my corn field? The Wardon had no answer. After some haggling the farmer had to pay $75.00 for a bear that probably cost him hundreds of dollars.

WHAT ABOUT THIS?

RE: Ohio Deer - who owns them?
 

AS A FARMER THERE ARE LAWS THAT SAY IF MY CATTLE ARE OUT AND IT HAS HAPPENED BEFORE I AM LIABLE FOR DAMAGES THAT INCURR SUCH AS WRECKING SOMEONES PETUNIAS OR A CAR ACCIDENT! I ALSO COULD BE FINED FOR CATTLE AT LARGE WHICH MEANS OUT

NOW OUT WEST THE CATTLE CAN ROAM AND THE DRIVER CAN BE HELD LIABLE.

RE: Ohio Deer - who owns them?
 

Mr. mc54. That is interesting about the bear. Did the warden have to go back to his boss to negotiate the difference in price or was he looking for cash the whole time? Or was he saying the bear only ate $75 worth of corn?
So that brings up another question, if you kill a bear with your car, do you have to pay to keep it? I know I don't have to pay for a deer to keep it in Ohio. The officer at the "accident" will just write me out a tag.

RE: Ohio Deer - who owns them?
 

Do they tell him his option is to build a tall fence? Just wondering what they say. Thanks

RE: Ohio Deer - who owns them?
 

In Wisconsin-The warden will sell the bear to the farmer or if I hit one he will sell it to me for a price He has the authority to do so. Every state has their own regs. Deer are different- the police will tag it for you no $$$$$

AS FOR THE WARDENI DON'T KNOW HOW HE CAME UP WITH HIS ASKING PRICE!I AM QUITE SURE THAT BEAR CAUSED SEVERAL HUNDRED DOLLARS DAMAGE TO THAT CORN FIELD.

AS FOR SUING THEDNR ( good luck)

FARMERS CAN GET DAMAGE TAGS FOR DEER AND THEY CAN GIVE THEM TO HUNTERS AS THEY CHOOSE

RE: Ohio Deer - who owns them?
 

I would a told him too keep the bear and he owes me money!!

RE: Ohio Deer - who owns them?
 

763lb black bear for a 150$. Have it full mounted and sell it for huge $$$$$$$ at an auction. Not hard to do the math on that bear.

RE: Ohio Deer - who owns them?
 

2FNSLO,

Yes, they did tell him to build a fence. Of course where hewill get the money to surround 40 acres with a deer proof fence is another issue. I know people in the same area who have spent hundreds of dollars and a lot of effort just to try to deer proof a 1/4 acre garden, fo 40 friggin acres? Gimme a break[:@].

RE: Ohio Deer - who owns them?
 

Lanse...He'd be looking at $50K to put up that fence, on the low side.

My land borders a farm for 1500'. They have 100 cows, but do not live there. The fence is pathetic. They get out all the time and destroy my lawn. The first year I built my house...there were 27 cows grazing in my newly seeded front yard. There were about 1000 10" deep holes in an area that I had just spend $500 to level and plant.

I have ZERO recourse according to Ohio law. I can send him a bill and if he refuses to pay I have to take him to small claims court. Been there done that and it'snot a winning proposition. As far as the fence goes...If I want it fixed, I have to pay for 1/2 of it BY OHIO LAW. I would have to pay for 750' of fence if I want it fixed. Because we share a property line, the fence is BOTH parties responsibilities...even though I have no cattle.

RE: Ohio Deer - who owns them?
 

The state owns them.

RE: Ohio Deer - who owns them?
 

Pro-Line,

I've heard of that law in Ohio. Its kind of archaic since it dates to a time when everybody out in the country had livestock. If I was you, i would be eating steak every meal[8D]

RE: Ohio Deer - who owns them?
 

There is a new line fence law in effect. Doesn'thelp your situation (makes it worse), but everyone should be aware.
http://butler.osu.edu/the-new-ohio-line-fence-law
Have you talked with your local township trustees?

RE: Ohio Deer - who owns them?
 

Actually, livestock are specifically mentioned in that law. My guess is if the primary purpose of the fence is to control cattle he owns and contain them on his property, he may be allocated 100% of the cost. I doubt he has any legal right to let his cattle run neighboring properties and unless he wants to close them up in the barn...

RE: Ohio Deer - who owns them?
 

I didn't think that I implied it didn't. My point was, one needs to talk with township trustees rather than doing nothing, all thewhile saying Ohio law prevents him from doing anything. That simply isn't true. It wasn't true before and still isn't.

RE: Ohio Deer - who owns them?
 

Spaniel...Unless the 4 trustees, 2 sherrif's deputy and the prosecuting attorney that I've dealt with over the past 3 years are incorrect...Your "guess" that the farmer "may" be allocated 100% of the cost if incorrect.

This situation is going on 4 years now, and there aren't many avenues that I haven't explored. I even called 2 private attorneys and both told me that I would share 50% of the cost of the line fence according to Ohio law.

It's not a financial issue that's keeping me from paying for 1/2 the fence. There is more to it than that. If I put up a 10' brick wall between him and I, it won't solve the problem. His cattle are getting out in other areas that we don't share and coming straight up my driveway and my neighbors driveway. Once they are in either driveway...they can enter my property anywhere they want...eventually ending up in my yard chomping on Kentucky Bluegrass. (Man do they love that stuff)

If you can quote a law that I've missed or give me any ideas, I'd sure appreciate it.

RE: Ohio Deer - who owns them?
 

Can you keep the cattle?

RE: Ohio Deer - who owns them?
 

Nodog...If I can get a fence around them...Ohio law states that I may well keep them and auction them off to pay for damages.

You ever try to fence cattle that are used to roaming free on 200 acres with not much human contact??? LOL

Seriously, that is my one viable option.

All this said...there is only really a problem 2 times a year. Once in the spring when my 2 acres of lawn greens up faster than their pasture...then again in the fall when my lawn stays green longer.

Maybe I could poison my grass!:D

RE: Ohio Deer - who owns them?
 

In NH where I used to live, I believe it was legal to shoot free-ranging cattle.

RE: Ohio Deer - who owns them?
 

Mt feeling is they (ODNR) are overseers of a public resource. That entitles them to policing but would preclude any legal suits due to harm or injury caused by animals.

RE: Ohio Deer - who owns them?
 

763 pounds?! Really?....Aren't black bears considered pretty big at 450-500 pounds? Must have been a giant