Is this Law common in other States?
#7640551
08/02/22 02:13 PM
08/02/22 02:13 PM
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Joined: Jul 2016
Posts: 3,928 NY
Canvasback2
OP
trapper
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OP
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Joined: Jul 2016
Posts: 3,928
NY
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"When any sort of animal crosses into your property, they're not technically yours, they're somebody else's,"
So, if someone had a fully fenced in Pasture, and the Gates to the Pasture was locked , but their $100,000 Budweiser Clydesdale jumped the fence and went into the neighbor's Pasture; that Neighbor could claim full ownership of that Horse and refuse to return it ??????????????
If that is true , that law is messed up !!!
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Re: Is this Law common in other States?
[Re: Canvasback2]
#7640557
08/02/22 02:18 PM
08/02/22 02:18 PM
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Joined: Jan 2007
Posts: 17,863 MN
160user
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trapper
Joined: Jan 2007
Posts: 17,863
MN
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By that logic, when a neighbor's cattle get out and destroy my land, the neighbor isn't liable because they were mine at the time. Something seems twisted up there.
I have nothing clever to put here.
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Re: Is this Law common in other States?
[Re: Canvasback2]
#7640562
08/02/22 02:26 PM
08/02/22 02:26 PM
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Joined: May 2010
Posts: 670 ND
DakotaBoy
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ND
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I'm with white17; I think your interpretation is a little off.
"Pretty cocky for a starving pilgrim!" "An elk don't know how many legs a horse has!"
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Re: Is this Law common in other States?
[Re: Canvasback2]
#7640563
08/02/22 02:33 PM
08/02/22 02:33 PM
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Joined: Dec 2006
Posts: 29,880 williamsburg ks
danny clifton
"Grumpy Old Man"
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"Grumpy Old Man"
Joined: Dec 2006
Posts: 29,880
williamsburg ks
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In open range country its your obligation to fence animals out. Maybe that is what you were getting at? Even in places without open range ownership won't change hands. the owner is responsible for any damages without open range laws. Here in KS if you hit somebodys steer out on a county rd the steers owner is liable for damage to your vehicle. In open range states, on the open range, your buying the owners steer.
Those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety. Benjamin Franklin (1706-1790)
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Re: Is this Law common in other States?
[Re: Canvasback2]
#7640575
08/02/22 02:57 PM
08/02/22 02:57 PM
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Joined: Mar 2007
Posts: 206 Ridgefield, WA
Bearguy
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Ridgefield, WA
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There is an animal sanctuary in New York state that had a couple of cows wander on to it's property. They are claiming them because, well, they like animals. and the farmer is just going to eat them. Cops were called, but farmer can't prove they are his. A good argument for a brand or ear tag.
All you "Woke" people need to go back to sleep!
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Re: Is this Law common in other States?
[Re: Canvasback2]
#7640582
08/02/22 03:19 PM
08/02/22 03:19 PM
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Joined: Aug 2011
Posts: 1,971 Peoria County Illinois
Larry Baer
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Peoria County Illinois
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In illinois the state of illinois owns all wild animals. If a deer eats my garden I cannot call the state of illinois and ask them to pay for my garden because they say it's a wild animal. Or I cannot shoot the deer for eating my garden because it's not my animal. If I want to hunt that animal they tell me I have to buy a license from them to harvest one since now it is their animal and they want the money. BUT since I own more than 40 acres in illinois they give me 4 free permits ( 2 bow and 2 shotgun ) to hunt a deer during the deer seasons but I have to follow the rules still and report the harvest to them.
Just passin through
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Re: Is this Law common in other States?
[Re: Canvasback2]
#7640584
08/02/22 03:30 PM
08/02/22 03:30 PM
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Joined: Jan 2007
Posts: 3,960 Northern Nevada
Bob
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Northern Nevada
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Not here. The animal still belongs to the original owner, but the owner will be held liable for all damage caused by the animal. If another persons animal is and harassing your livestock, however, in this state you have all legal rights to kill the offending animal. Even if it’s not on your property. Like if a dog is outside your fence and is chasing your cattle up and down the fence line, you have every legal right to kill that dog.
"I have two guns, one for each of ya."
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Re: Is this Law common in other States?
[Re: Larry Baer]
#7640586
08/02/22 03:37 PM
08/02/22 03:37 PM
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Joined: May 2016
Posts: 3,525 Southern Illinois
Foxpaw
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trapper
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Southern Illinois
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In illinois the state of illinois owns all wild animals. If a deer eats my garden I cannot call the state of illinois and ask them to pay for my garden because they say it's a wild animal. Or I cannot shoot the deer for eating my garden because it's not my animal. If I want to hunt that animal they tell me I have to buy a license from them to harvest one since now it is their animal and they want the money. BUT since I own more than 40 acres in illinois they give me 4 free permits ( 2 bow and 2 shotgun ) to hunt a deer during the deer seasons but I have to follow the rules still and report the harvest to them. So when the states deer runs out onto the highway and collides with your car why does your insurance pick up the tab, if the deer belong to the state?
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Re: Is this Law common in other States?
[Re: Foxpaw]
#7640593
08/02/22 03:50 PM
08/02/22 03:50 PM
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Joined: Dec 2006
Posts: 17,650 Rodney,Ohio
SNIPERBBB
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trapper
Joined: Dec 2006
Posts: 17,650
Rodney,Ohio
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In illinois the state of illinois owns all wild animals. If a deer eats my garden I cannot call the state of illinois and ask them to pay for my garden because they say it's a wild animal. Or I cannot shoot the deer for eating my garden because it's not my animal. If I want to hunt that animal they tell me I have to buy a license from them to harvest one since now it is their animal and they want the money. BUT since I own more than 40 acres in illinois they give me 4 free permits ( 2 bow and 2 shotgun ) to hunt a deer during the deer seasons but I have to follow the rules still and report the harvest to them. So when the states deer runs out onto the highway and collides with your car why does your insurance pick up the tab, if the deer belong to the state? The state doesnt own them. You own them once you have legally reduced them to posession. State can regulate how they may be taken under their police powers. Its why when you read through the rules dealing with hunting/trapping/fishing the words "take/taken/taking" are used a lot.
Last edited by SNIPERB🦝; 08/02/22 03:51 PM.
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Re: Is this Law common in other States?
[Re: Canvasback2]
#7640599
08/02/22 03:57 PM
08/02/22 03:57 PM
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Joined: Sep 2013
Posts: 18,596 Green County Wisconsin
GREENCOUNTYPETE
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Green County Wisconsin
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you have to think back to how a law like that gets made
I bet there was a dispute over cows at some point and the sheriff and politician not being farmers wanted to be done with it and said build better fences because as long as Bessie is in fred's pasture eating fred's hay fred gets to milk her
or chickens crossing over fence lines
assuming you mean this is a NY state law. even a 100 years ago it is doubtful many in Albany had any understanding of farming
cows is serious business , the only murder to ever happen in the township in WI my family comes from was over a cow possession dispute in about 1900
America only has one issue, we have a Responsibility crisis and everything else stems from it.
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Re: Is this Law common in other States?
[Re: Canvasback2]
#7640602
08/02/22 04:02 PM
08/02/22 04:02 PM
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Joined: Mar 2020
Posts: 7,360 W NY
Turtledale
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trapper
Joined: Mar 2020
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W NY
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"When any sort of animal crosses into your property, they're not technically yours, they're somebody else's,"
So, if someone had a fully fenced in Pasture, and the Gates to the Pasture was locked , but their $100,000 Budweiser Clydesdale jumped the fence and went into the neighbor's Pasture; that Neighbor could claim full ownership of that Horse and refuse to return it ??????????????
If that is true , that law is messed up !!! The woman who kept the cows was just arrested for grand larceny in the 3rd degree and the cows were returned
NYSTA, NTA, FTA, life member Erie county trappers assn.,life member Catt.county trappers
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Re: Is this Law common in other States?
[Re: Turtledale]
#7640617
08/02/22 04:19 PM
08/02/22 04:19 PM
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Joined: Jul 2016
Posts: 3,928 NY
Canvasback2
OP
trapper
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OP
trapper
Joined: Jul 2016
Posts: 3,928
NY
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"When any sort of animal crosses into your property, they're not technically yours, they're somebody else's,"
So, if someone had a fully fenced in Pasture, and the Gates to the Pasture was locked , but their $100,000 Budweiser Clydesdale jumped the fence and went into the neighbor's Pasture; that Neighbor could claim full ownership of that Horse and refuse to return it ??????????????
If that is true , that law is messed up !!! The woman who kept the cows was just arrested for grand larceny in the 3rd degree and the cows were returned And she got charged with a class D Felony!
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Re: Is this Law common in other States?
[Re: Canvasback2]
#7640620
08/02/22 04:21 PM
08/02/22 04:21 PM
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Joined: Jan 2008
Posts: 9,220 Alaska and Washington State
waggler
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Alaska and Washington State
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I think the OP might be a little confused. Common law which applies just about everywhere, holds that you are somewhat responsible for something that unintentionally ends up on your property.
For example; if someone's canoe washes up on your beach-front property, you are obligated to pull it up and try to locate the owner. In fact you can be held liable for loss if you go and push it back out in the water and it sinks or something. Usually the only way you can claim ownership is by following a legally prescribed process of notification.
I imagine similar rules exist for domestic animals that show up on your property.
The legal doctrine falls under "bailment" rules.
"My life is better than your vacation"
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Re: Is this Law common in other States?
[Re: danny clifton]
#7640628
08/02/22 04:29 PM
08/02/22 04:29 PM
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Joined: Nov 2011
Posts: 4,942 Idaho Falls, ID
Grandpa Trapper
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Idaho Falls, ID
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In open range country its your obligation to fence animals out. Maybe that is what you were getting at? Even in places without open range ownership won't change hands. the owner is responsible for any damages without open range laws. Here in KS if you hit somebodys steer out on a county rd the steers owner is liable for damage to your vehicle. In open range states, on the open range, your buying the owners steer. X2. Exactly.
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