Food plots destroyed..literally..
#11
Nontypical Buck
Join Date: Feb 2003
Location: ND
Posts: 1,627
RE: Food plots destroyed..literally..
Jack Ryan
I have heard of stupid laws but that takes the cake. What happens if someone's cows got into a pile of wheat inthe neighbor'squonset... foundered and some die with such a law. Would the nieghbor be liable if they said his side of the fence was the problem for the cows getting out yet he had no livestock??
Tim
I have heard of stupid laws but that takes the cake. What happens if someone's cows got into a pile of wheat inthe neighbor'squonset... foundered and some die with such a law. Would the nieghbor be liable if they said his side of the fence was the problem for the cows getting out yet he had no livestock??
Tim
#12
RE: Food plots destroyed..literally..
I won't pretend to know the laws every where.
I've learned just enough lately to know how much I didn't know about the laws just here in Indiana. Here's a few things most people don't expect but there are a lot of pages in the Indiana code concerning fences and live stock.
If an animal gets killed on the railroad. The railroad is responsible. No other way around it. Don't matter about the fence or the animal. Dog, cat or cow they have to pay up. All you have to do is ask for it. Part of the railroad agreement makes them responsible for a fence to keep animals off.
In some counties, even in Indiana, you can free range cattle across a county road if you own both sides. With the proper signs up the drivers are responsible not to hit the cattle. It has to do with the population of the county and the fact the county never bought the right away for the road. It doesn't apply to state highways.
I think everywhere in Indiana, if you put up a fence on the property line you only have to fence and maintane the fence on your half. You can make your neighbor take care of his half or call the county assesor and they will do it or have it done and add it to his taxes.
If your cattle get out and destroy crops you can be held liable but I'm not so sure if your neighbors crops were destroyed because he didn't maintane his half of the fence. Most often they don't maintane the fence because they want to feed their own cows on your crops.
I know I've seen enough, with a couple of guys I work with in court cases in the last year, to know if you are going to run cattle you better know the local laws.
It's not always what you would expect.
I've learned just enough lately to know how much I didn't know about the laws just here in Indiana. Here's a few things most people don't expect but there are a lot of pages in the Indiana code concerning fences and live stock.
If an animal gets killed on the railroad. The railroad is responsible. No other way around it. Don't matter about the fence or the animal. Dog, cat or cow they have to pay up. All you have to do is ask for it. Part of the railroad agreement makes them responsible for a fence to keep animals off.
In some counties, even in Indiana, you can free range cattle across a county road if you own both sides. With the proper signs up the drivers are responsible not to hit the cattle. It has to do with the population of the county and the fact the county never bought the right away for the road. It doesn't apply to state highways.
I think everywhere in Indiana, if you put up a fence on the property line you only have to fence and maintane the fence on your half. You can make your neighbor take care of his half or call the county assesor and they will do it or have it done and add it to his taxes.
If your cattle get out and destroy crops you can be held liable but I'm not so sure if your neighbors crops were destroyed because he didn't maintane his half of the fence. Most often they don't maintane the fence because they want to feed their own cows on your crops.
I know I've seen enough, with a couple of guys I work with in court cases in the last year, to know if you are going to run cattle you better know the local laws.
It's not always what you would expect.
#13
Typical Buck
Join Date: Feb 2003
Location: Chapin, Illinois USA
Posts: 561
RE: Food plots destroyed..literally..
My father had a neighbor's bull that kept coming through the fence to breed his cows.(Santa Gertrudis bull on purebred Angus cows).
After a couple episodes. he drove the bull to the house and penned him in an escape-proof pen. The neighbor had to pay damages(reduced value of crossbred versus purebred calves) and also daily feed bill and upkeep on the bull while my dad had him.
Don't know if you have a way to round up and pen the cattle, but that would send a message that was clear to the owner. They could not legally come over and reclaim them without your OK.
You can corral and pen any livestock on your property.
I think you can post a notice in the paper and if nobody claims them, you can sell them.
I would never consider shooting one. Two wrongs don't make it right.
Better call a lawyer and take it to small claims court. You would have to prove damages and they would likely be based upon past crop production. Pix should show the damages.
Good luck.
After a couple episodes. he drove the bull to the house and penned him in an escape-proof pen. The neighbor had to pay damages(reduced value of crossbred versus purebred calves) and also daily feed bill and upkeep on the bull while my dad had him.
Don't know if you have a way to round up and pen the cattle, but that would send a message that was clear to the owner. They could not legally come over and reclaim them without your OK.
You can corral and pen any livestock on your property.
I think you can post a notice in the paper and if nobody claims them, you can sell them.
I would never consider shooting one. Two wrongs don't make it right.
Better call a lawyer and take it to small claims court. You would have to prove damages and they would likely be based upon past crop production. Pix should show the damages.
Good luck.
#15
Nontypical Buck
Join Date: Jun 2004
Location: NW Ohio , 5 min from Ottawa National / Magee Marsh
Posts: 2,051
RE: Food plots destroyed..literally..
My brother had cattle get into his corn feild 2 years back.
He called the sherif and the owner of the cows.
The sherif took a report and my brother told the cows owner call your insurance company ( sherif agreed)
It is the cows owners job to properly fence in any livestock ( Ohio )
A threat of a law suit got a GOOD and quick settelment.
2 months later the cows were in the corn again ,this time the owner got a court date for distruction of privat property and a check from the insurance co.
It's not your job the keep the fence up . IMO
I would sue.
Johnch
He called the sherif and the owner of the cows.
The sherif took a report and my brother told the cows owner call your insurance company ( sherif agreed)
It is the cows owners job to properly fence in any livestock ( Ohio )
A threat of a law suit got a GOOD and quick settelment.
2 months later the cows were in the corn again ,this time the owner got a court date for distruction of privat property and a check from the insurance co.
It's not your job the keep the fence up . IMO
I would sue.
Johnch
#16
Join Date: Sep 2003
Location: Maine
Posts: 3,555
RE: Food plots destroyed..literally..
Slayer,
That's bs. I think I'd be trading corn for veal. If she's not so concerned about her cows do you really think she'd miss a couple or three.
The other option is .......
Crop circles
That's bs. I think I'd be trading corn for veal. If she's not so concerned about her cows do you really think she'd miss a couple or three.
The other option is .......
Crop circles
#17
Nontypical Buck
Join Date: Feb 2003
Location: Memphis TN USA
Posts: 3,445
RE: Food plots destroyed..literally..
That really does suck and I would have called the sheriff to come take a report and then I would have filed a claim with the insurance company. If it happned again I would shoot a couple and take my money out in beef.
#18
RE: Food plots destroyed..literally..
Her Fence? Your Fence? I had the same problem a few years back. Different rules in different states, however, in my situation. The requirement is for the "farmer" to fence the cows out of his cultivated crop, not the "Rancher" to fence/keep the cows on his/her side of the fence.So I maintain the fence and the section that they seem to like to pass through the mostI electrify from time to time. No problem now. As the saying goes a good fence makes good neighbors.
#19
RE: Food plots destroyed..literally..
ORIGINAL: etw
Her Fence? Your Fence? I had the same problem a few years back. Different rules in different states, however, in my situation. The requirement is for the "farmer" to fence the cows out of his cultivated crop, not the "Rancher" to fence/keep the cows on his/her side of the fence.So I maintain the fence and the section that they seem to like to pass through the mostI electrify from time to time. No problem now. As the saying goes a good fence makes good neighbors.
Her Fence? Your Fence? I had the same problem a few years back. Different rules in different states, however, in my situation. The requirement is for the "farmer" to fence the cows out of his cultivated crop, not the "Rancher" to fence/keep the cows on his/her side of the fence.So I maintain the fence and the section that they seem to like to pass through the mostI electrify from time to time. No problem now. As the saying goes a good fence makes good neighbors.
In Indiana at least, the first place to start is to learn the rule in your township. You need to know if you are in a "fence in" or "fence out" township. The norm is to fence in but some in Indiana are "fence out" . There may also be fence association rules that give the right to let cows run if they are not fenced out. You need to know those kind of things before you buy the ground.
There is ground out there that wouldn't be a bargain if it came free and covered with dollar bills.
If you don't live near the ground you are hunting and the rule requires each landowner to keep up their part of the fence, a farmer who lives there could really make it a nightmare. Make him mad and the cows could just happen to tear down YOUR HALF of the fence once a week or so.