Good Fences Make Good Neighbors
|
|
- Scot Thompson
- 5 years ago
- Views:
Transcription
1 Good Fences Make Good Neighbors A Comparison of Livestock Containment Laws in Wyoming, Colorado and Montana Wyoming State Bar Annual Meeting September 16, 2016 Amy Mowry
2 media cache ak0.pinimg.com/736x/0d/b6/f6/0db6f6c7afe04414b059889bb102001d.jpg
3 content/uploads/2014/04/barbedwire1.jpg
4 quiet haunted place a review of american masculine/istock_ medium.jpg/image
5
6
7 Act of February 25, 1885, 23 Stat. 321 (43 U.S.C. Ch. 25, ) All inclosures of any public lands in any State or Territory of the United States are declared to be unlawful; and the assertion of a right to the exclusive use and occupancy of any part of the public lands of the United States in any State or any of the Territories of the United States, without claim, color of title is likewise declared unlawful, and prohibited.
8 U.S. v. Douglas Willan Sartoris Co., 22 Pac. 92 (Wyo. 1889) Suit under the fencing act of 1885 against U.P.R.R. grantee Fence on grantee s land blocked public domain Court says that s okay
9 Camfield v. U. S., 167 U.S. 518 (1897) Defendants build fence on owned alternate sections in Colorado, enclosing 20,000 acres of public domain. Court disagrees with Sartoris: Considering the obvious purposes of [the fence], and the necessities of preventing the enclosure of public lands, we think that it is within the constitutional power of Congress to order its abatement, notwithstanding such action may involve an entry upon the lands of a private individual.
10 Anthony Wilkinson Livestock Co. v. McIlquam, 83 Pac. 364 (Wyo. 1905) Owner may build fences on his land Motive is immaterial
11 Fence Out Doctrine Codified Montana 1865 Colorado 1877 Wyoming 1882
12 Wyo. Stat What is a lawful fence? Specific description can be barbed wire (at least 3 strands) or a combination of wire, poles, rails, stones, hedge plants or other material which upon evidence is declared to be as strong and well calculated to protect enclosures, and is as effective for resisting breaching stock as those described in subsection (a) of this section Requirements stiffer for hay corral fence outside field or pasture enclosed by lawful fence as defined
13 Wyo. Stat Unlawful wire fence Penalties if animals are harmed Must reconstruct unlawful fence into lawful fence Fines accrue
14 Garretson v. Avery, 176 P. 433 (Wyo. 1918)
15 As a general rule, where no obligation rests upon a land owner to fence out another's livestock, or to prevent them from straying or entering upon his land, "the owner of uninclosed lands is under no duty to make or keep them in safe condition for stock straying thereon."
16 Wyo. Stat Liability for breach Animal owner is liable for damage caused Owner of breached field may retain animals Can settle in court or through arbitration
17 Wyo. Stat Prohibits allowing livestock to run at large in any fenced public highways, and forbids picketing on a public highway right of way from one hour before sundown to one hour after sunrise Exception for livestock drifting into lanes or fenced roads in going to or returning from their accustomed ranges
18 Andersen v. Two Dot Ranch, Inc., 49 P.3d 1011 (Wyo. 2002) The mere presence of an animal on the highway did not constitute the owner's negligence per se on a posted open range highway
19 Wyo. Stat Protection from mining shafts Mining shafts, pits, holes, inclines etc. on public domain must be securely covered covering in a manner to render them safe against the possibility of livestock falling into them or in any manner becoming injured or destroyed thereby; or by forthwith making a strong, secure and ample fence around such shafts and other openings aforesaid. Fines of imprisonment (up to 90 days) and/or fines, plus value of damages to livestock
20 Chicago, Burlington and Quincy Railroad Co. v. Cash, 157 P. 701 (Wyo. 1916)
21 Owner of cattle is presumed to know that the railroad is not compelled to fence its tracks within incorporated towns Owners of cattle who permit their animals to roam upon railroad tracks at points where fences cannot be maintained cannot recover for injuries to such cattle unless an actual or constructive intent to commit the injury is shown
22 Wyo. Stat Fences and cattle guards Railway corporations must construct, maintain and keep in repair a sufficient fence which meets or exceeds department of transportation fencing standards... But not required to construct and maintain a fence within the boundaries of any incorporated city or town Any railway corporation in violation is liable to owners of livestock injured or killed for value (Wyo. Stat )
23 Colorado Fence Laws First official law enacted 1877 (1877 General Laws, Chap. V 1203, 2): Any person making and maintaining in good repair around his or her enclosure, any fence, such as described in section 1 of this act, may recover in a suit for trespass... from the owner of any animal or animals, which breakthrough any such fence. Animals may range upon the commons and unoccupied lands. Morris v. Fraker, 5 Colo. 425 (1880) C.R.S recovery from trespassing animals where lawful fence exists (as described in )
24 C.R.S Lawful fence is a well constructed three barbed wire fence with substantial posts set at a distance of approximately twenty feet apart, and sufficient to turn ordinary horses and cattle, with all gates equally as good as the fence, or any other fence of like efficiency. Livestock includes horses, cattle, mules, asses, goats, sheep, swine, buffalo, and cattalo, but does not include alternative livestock as defined in section (1)
25 No protection for overstocking (can be trespass) Lazarus v. Phelps, 152 U.S. 81 (1894) No protection for willful trespassers Norton v. Young, 40 P. 156 (Colo. 1895) Stockowners may range their stock at large; the duty of protecting crops is placed upon the farmer Schaefer v. Mills, 209 P. 643 (Colo. 1922)
26 Maintenance of lawful fence is essential to recovery Bolten et al. v. Gates et al., 100 P.2d 145 (Colo. 1940) Court declines to address whether fence law allows a limited, metropolitan area exemption SaBell's, Inc. v. Flens, 627 P.2d 750 (Colo. 1981) Does not apply to action for personal injuries inflicted by trespassing animals Robinson v. Kerr, 355 P.2d 117 (Colo. 1960)
27 C.R.S Grazing on roads & municipalities Similar to Wyoming law willful killing or injuring by motorist bears liability; exception for livestock being driven or if animals are within restricted areas unbeknownst to owner
28 C.R.S It is the duty of any person who takes any animals into custody under the provisions of this article to feed and care for such animals in a reasonable, careful, and prudent manner C.R.S It is unlawful for any person to willfully break down or cause to be broken down any fence or gate or to leave open any gate in such fence
29 C.R.S Horses and mules may not run at large within certain distances from cities and towns (greater distance required for more densely populated areas); exceptions for driving to any from market or pasture; grazing within established commons C.R.S Inferior bulls or rams may not run at large; inferior bull is any bull not registered or eligible for registration as a purebred animal; special restriction on dairy bulls
30 C.R.S Right of way fences Department of transportation has a duty to maintain right of way fences constructed as of June 1, 1994 Statutory purpose is to keep highways and motorists safe Moldovan v. State, 829 P.2d 481 (Colo. App. 1991), aff'd, 842 P.2d 220 (Colo. 1992); state's negligence must be proved under general principles of negligence and not on the theory of negligence per se
31 Partition fences C.R.S Owners of bordering tracts are responsible for half the costs of building a lawful fence between the tracts under C.R.S ; Mosher v. Schumm, 166 P.2d 559 (Colo. 1946) (statutory procedure must be followed to recover costs from neighbor) Wyo. Stat Construction of lawful fence between two separately owned properties may require split of construction costs; can recover costs through court action
32 C.R.S Railroad must fence right of way & install cattle guards Similar to Wyoming law C.R.S absolute liability if failure to fence as required See also, M.C.A Railroad corporations shall build and maintain a legal fence on both sides of their track and property and maintain cattle guards at all crossings over which cattle or other domestic animals cannot pass
33 Aspen Springs Metropolitan District v. Keno 369 P.3d 716 (Colo. App. 2015) The Fence Law is not a license for livestock owners to graze their animals anywhere they please. Rather, the statute provides a defense to liability for damages caused by a non willful trespass; it does not eliminate the underlying trespass or injury
34 Montana Fence Laws M.C.A Legal fences defined: Specific requirements; can include barbed wire (at least 3 strands) or woven wire, boards, rails, poles, electric fences (three or more wires), and rivers, hedges, mountain ridges and bluffs, or other barriers over or through which it is impossible for stock to pass M.C.A Any person constructing or maintaining any fence of any kind not described in is liable in a civil action for all damages caused by reason of injury to stock resulting from such defective fence.
35 Larson Murphy v. Steiner, 15 P.3d 1205 (Mont. 2000) Held: Livestock owners may have a duty to keep their animals from wandering onto highways (later overturned)
36 M.C.A A person owning, controlling, or in possession of livestock or a person owning property has no duty to keep livestock from wandering on highways and is not subject to liability for damages to any property or for injury to a person caused by an accident involving a motor vehicle and livestock unless the owner of the livestock or property was grossly negligent or engaged in intentional misconduct.
37 M.C.A It is unlawful for an owner or person in control of swine, sheep, llamas, alpacas, bison, ostriches, rheas, emus, or goats to willfully permit the animals to run at large. M.C.A Liability of owners of stock for trespass: If any cattle, horses, mules, asses, hogs, sheep, llamas, alpacas, bison, or other domestic animals break into any enclosure and the fence of the enclosure is legal, as provided in , the owner of the animals is liable for damages to the owner or occupant of the enclosure if the owner or person in control of the animals was negligent
38 M.C.A Open range defined: In , , and , the term open range means all lands in the state of Montana not enclosed by a fence of not less than two wires in good repair. The term open range includes all highways outside of private enclosures and used by the public whether or not the same have been formally dedicated to the public. M.C.A Grazing livestock on highway unlawful
39 Dunbar v. Emigh, 158 P.2d 311 (Mont. 1945) Expectation of wandering cattle, even where overstocked, does not equal willful trespass. Overt and unlawful act is required No requirement to fence in one s own livestock
40 References Anderson, Terry L. and Peter J. Hill, The Not So Wild Wild West: Property Rights on the Frontier; (Stanford: Stanford University Press, 2004) Hine, Robert V. and John Mack Faragher, The American West: A New Interpretive History (New Haven: Yale University Press, 2000) Limerick,Patricia Nelson, The Legacy of Conquest: The Unbroken Past of the American West; (New York and London: W.W. Norton & Company, Inc., 1987). Linklater, Andro, Measuring America: How the United States Was Shaped by the Greatest Land Sale in History; (New York: Walker & Company, Inc., 2002) Milner II, Clyde A., Carol A. O Connor, Martha A. Sandweiss, Eds.; The Oxford History of the American West, Eds. (New York and Oxford: Oxford University Press, 1994) Rundle, S.L., The Once and Future Federal Grazing Laws ; William & Mary Law Review, Volume 45, Issue 4, Article 8, pp Scott, Valerie Weeks, The Range Cattle Industry: Its Effect on Western Land Law ; Montana Law Review, Volume 28, Issue 2 (Spring 1967), pp
41 Thank You! Amy Mowry, Esq. Denver, Colorado
University of Arkansas Division of Agriculture. An Agricultural Law Research Project. States Fence Laws. State of Illinois
University of Arkansas Division of Agriculture An Agricultural Law Research Project States Fence Laws State of Illinois www.nationalaglawcenter.org States Fence Laws STATE OF ILLNOIS 510 Ill. Comp. Stat.
More informationIdaho Open Range Law. ICA Annual Meeting
Idaho Open Range Law ICA Annual Meeting Bill Myers 1 November 15, 2016 1. Generally. In Idaho, livestock areas outside of cities and villages fall into two categories open range and herd districts. Open
More informationUniversity of Arkansas Division of Agriculture. An Agricultural Law Research Project. States Fence Laws. State of Kentucky
University of Arkansas Division of Agriculture An Agricultural Law Research Project States Fence Laws State of Kentucky www.nationalaglawcenter.org States Fence Laws STATE OF KENTUCKY Ky. Rev. Stat. Ann.
More informationFences and Detention of Stray Livestock Act
Fences and Detention of Stray Livestock Act CHAPTER 166 OF THE REVISED STATUTES, 1989 as amended by 2002, c. 1, ss. 9-18; 2016, c. 20, ss. 1-5 2016 Her Majesty the Queen in right of the Province of Nova
More informationUniversity of Arkansas Division of Agriculture An Agricultural Law Research Project States Fence Laws State of Arizona
University of Arkansas Division of Agriculture An Agricultural Law Research Project States Fence Laws State of Arizona www.nationalaglawcenter.org States Fence Laws STATE OF ARIZONA Ariz. Rev. Stat. Ann.
More informationCOLORADO BRAND LAWS COLORADO REVISED STATUTES TITLE 35. AGRICULTURE III--LIVESTOCK ARTICLE 43. BRANDING AND HERDING
COLORADO BRAND LAWS COLORADO REVISED STATUTES TITLE 35. AGRICULTURE III--LIVESTOCK ARTICLE 43. BRANDING AND HERDING 35-43-101. Brands on livestock--evidence It is lawful to mark cattle and horses with
More informationIowa Fence Law. January 2008 Revised: July 3, by Roger A. McEowen*
Iowa Fence Law 2321 N. Loop Drive, Ste 200 Ames, Iowa 50010 www.calt.iastate.edu January 2008 Revised: July 3, 2012 - by Roger A. McEowen* Overview Issues involving partition fences are the cause of many
More informationFENCE LAWS III FEB ~ 8 15 AGR1CULIUBE L'~ C' RGULll.l;~S COPY~ Circular 733 UNIV~RSITY OF ILLINOIS COLLEGE OF AGRICULTURE
III C' RGULll.l;~S COPY~ AGR1CULIUBE L'~ FENCE LAWS FEB ~ 8 15 By H. W. Hannah I 'l'''''i=~qty OF RHODE ISLAND LIBRARY' Circular 733 UNIV~RSITY OF ILLINOIS COLLEGE OF AGRICULTURE EXTENSION SERVICE IN AGRICULTURE
More informationThe Stray Animals Regulations
1 The Stray Animals Regulations Repealed by Chapter S-60 Reg 1 (effective June 9, 1999) Formerly Saskatchewan Regulations 304/77 (effective November 1, 1977). NOTE: This consolidation is not official.
More informationUniversity of Arkansas Division of Agriculture. An Agricultural Law Research Project. States Fence Laws. State of Michigan
University of Arkansas Division of Agriculture An Agricultural Law Research Project States Fence Laws State of Michigan www.nationalaglawcenter.org States Fence Laws STATE OF MICHIGAN Mich. Comp. Laws
More informationFences -- Legal Enclosures -- Enclosure of Domestic Animals
ROBERT T. STEPHAN ATTORNEY GENERAL February 16, 1987 ATTORNEY GENERAL OPINION NO. 87-28 The Honorable Joseph F. Norvell State Senator, 37th District State Capitol, Room 452-E Topeka, Kansas 66612 Re: Fences
More informationAn Overview of Virginia Fence Law. Jason Carter, Extension Agent, Augusta County
An Overview of Virginia Fence Law Jason Carter, Extension Agent, Augusta County Disclaimer The information presented in this presentation about Virginia Fence Law and legislation is meant to be for educational
More informationOFFICE CONSOLIDATION FENCE BY-LAW BY-LAW NUMBER By-Law Number Date Passed Section Amended
OFFICE CONSOLIDATION FENCE BY-LAW BY-LAW NUMBER 119-05 Passed by Council on November 28, 2005 Amendments: By-Law Number Date Passed Section Amended 55-07 April 23, 2007 Delete Private Swimming Pool Definition
More informationThe Pastures Regulations
PASTURES P-4.1 REG 1 1 The Pastures Regulations being Chapter P-4.1 Reg 1 (effective August 1, 2000) as amended by Saskatchewan Regulations 105/2004 and 27/2010. NOTE: This consolidation is not official.
More informationSALDANHA BAY MUNICIPALITY IMPOUNDMENT OF ANIMALS BY-LAW
SALDANHA BAY MUNICIPALITY IMPOUNDMENT OF ANIMALS BY-LAW Under the provisions of section 156 of the Constitution of the Republic of South Africa, 1996, Saldanha Bay Municipality, enacts as follows:- Table
More informationFence By-law. PS-6 Consolidated May 14, As Amended by: PS March 20, 2012 PS May 14, 2013
Fence By-law PS-6 Consolidated May 14, 2013 As Amended by: By-law No. Date Passed at Council PS-6-12001 March 20, 2012 PS-6-13002 May 14, 2013 This by-law is printed under and by authority of the Council
More informationUniversity of Arkansas Division of Agriculture. An Agricultural Law Research Project. States Fence Laws. State of Virginia
University of Arkansas Division of Agriculture An Agricultural Law Research Project States Fence Laws State of Virginia www.nationalaglawcenter.org States Fence Laws STATE OF VIRGINIA VA. Code Ann. 33.1-202
More informationCamelids: means any animal of the family camelidae including, but not limited to, guanacos, vicunas, camels, alpacas, and llamas.
TOWN OF PLAINFIELD ANIMAL CONTROL ORDINANCE The Selectboard of Plainfield, Vermont, hereby ordains under the authority of 24 VSA Chapter 59, 20 VSA Sec. 3549 et.seq. and 24 VSA Sec. 2291 (10) (14) (15),
More informationUniversity of Arkansas Division of Agriculture An Agricultural Law Research Project States Fence Laws State of Georgia
University of Arkansas Division of Agriculture An Agricultural Law Research Project States Fence Laws State of Georgia www.nationalaglawcenter.org States Fence Laws STATE OF GEORGIA Ga. Code Ann. 4-3-1
More informationCOLORADO COURT OF APPEALS 2013 COA 97
COLORADO COURT OF APPEALS 2013 COA 97 Court of Appeals No. 12CA1074 Elbert County District Court No. 11CV36 Honorable Jeffrey K. Holmes, Judge Daniel Mikes, Plaintiff-Appellant, v. Lyndon D. Burnett, a/k/a
More informationTRESPASS ACT CHAPTER 294 LAWS OF KENYA
LAWS OF KENYA TRESPASS ACT CHAPTER 294 Revised Edition 2012 [2010] Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org CAP. 294 [Rev. 2012]
More information53RD LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2017
HOUSE BILL 0 RD LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, INTRODUCED BY Nathan P. Small 1 AN ACT RELATING TO ANIMALS; PROVIDING A REGISTERED EQUINE RESCUE OR RETIREMENT FACILITY WITH THE RIGHT
More informationTOWN OF ROCKY MOUNTAIN HOUSE BYLAW 14/07V
TOWN OF ROCKY MOUNTAIN HOUSE BYLAW 14/07V Being a Bylaw within the corporate limits of The to provide for the licensing, regulation and confinement of livestock. WHEREAS, the Council of the deems it desirable
More informationCONSOLIDATED WITH BY-LAW THE CORPORATION OF THE TOWNSHIP OF MULMUR BY-LAW NO FENCE BY-LAW
CONSOLIDATED WITH BY-LAW 17-2013 THE CORPORATION OF THE TOWNSHIP OF MULMUR BY-LAW NO. 14-2006 FENCE BY-LAW WHEREAS the Municipal Act, 2001, S.O. 2001, s. 8, provides that a Municipality has the capacity,
More informationLocal Authorities Act 23 of 1992 section 94
MADE IN TERMS OF section 94 Government Notice 191 of 1994 (GG 945) came into force on date of publication: 13 October 1994 ARRANGEMENT OF [The individual regulations have no headings.] Annexure: Certificate
More informationHANDOUT FOR MULMUR TOWNSHIP RATEPAYERS SWIMMING POOLS AND FENCES May 01, 2013
HANDOUT FOR MULMUR TOWNSHIP RATEPAYERS SWIMMING POOLS AND FENCES May 01, 2013 Council has established rules for fencing swimming pools that meet (and in some ways exceed) the minimum requirements of the
More information68-3 through Repealed by Session Laws 1971, c. 741, s. 2.
Chapter 68. Fences and Stock Law. Article 1. Lawful Fences. 68-1 through 68-2. Repealed by Session Laws 1969, c. 691. 68-3 through 68-4. Repealed by Session Laws 1971, c. 741, s. 2. 68-5. Repealed by Session
More informationTHE CORPORATION OF THE CITY OF CLARENCE-ROCKLAND BY-LAW NUMBER BEING A BY-LAW TO REGULATE HEIGHT AND DESCRIPTION OF LAWFUL FENCES
THE CORPORATION OF THE CITY OF CLARENCE-ROCKLAND BY-LAW NUMBER 2002-09 BEING A BY-LAW TO REGULATE HEIGHT AND DESCRIPTION OF LAWFUL FENCES WHEREAS paragraphs 25, 26, 27 and 28 of Section 210 of the Municipal
More informationLegal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 39, No. 203, 20th October, 2000
Legal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 39, No. 203, 20th October, 2000 Fifth Session Fifth Parliament Republic of Trinidad and Tobago REPUBLIC OF TRINIDAD AND TOBAGO Act No. 57
More informationKEEPING OF ANIMALS, POULTRY AND BEES BYLAW 2016
KEEPING OF ANIMALS, POULTRY AND BEES BYLAW 2016 The Local Government Act 2002 allows the Council to control the keeping of animals, poultry and bees within the District. The Council has a Keeping of Animals,
More informationSearching for the Montana Open Range: A Judicial and Legislative Struggle to Balance Tradition and Modernization in an Evolving West
Montana Law Review Volume 63 Issue 1 Winter 2002 Article 5 1-2002 Searching for the Montana Open Range: A Judicial and Legislative Struggle to Balance Tradition and Modernization in an Evolving West Ryan
More informationSTATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT STATE FARM FIRE & CASUALTY COMPANY, ET AL. **********
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 13-1096 SHIRLEY ARVIE VERSUS STATE FARM FIRE & CASUALTY COMPANY, ET AL. ********** APPEAL FROM THE THIRTY-FIRST JUDICIAL DISTRICT COURT PARISH OF JEFFERSON
More informationBYLAW 952/02 ANIMAL CONTROL BYLAW STURGEON COUNTY, MORINVILLE, ALBERTA
BYLAW 952/02 ANIMAL CONTROL BYLAW STURGEON COUNTY, MORINVILLE, ALBERTA BYLAW 952/02 BEING A BYLAW OF STURGEON COUNTY, MORINVILLE, ALBERTA FOR THE PURPOSES OF CONTROLING ANIMALS IN STURGEON COUNTY. WHEREAS,
More informationWANGANUI DISTRICT COUNCIL WANGANUI DISTRICT BYLAW
1 WANGANUI DISTRICT COUNCIL WANGANUI DISTRICT BYLAW 2010 ANIMAL CONTROL The objectives of this Bylaw are to: EXPLANATORY NOTE Regulate the keeping of animals to protect the public from nuisance, maintain
More informationCODE OF ORDINANCES, DENVER, IOWA
Title 14 PUBLIC UTILITIES* Chapters: 14.04 Electrical Utility 14.08 Wires and Poles Chapter 14.04 ELECTRICAL UTILITY Sections: 14.04.010 State Regulations Adopted 14.04.020 Adoption of Rules and Charges
More informationFences. An Information Package for the erection and installation of Fences in the City of Thorold
Fences An Information Package for the erection and installation of Fences in the City of Thorold ------------------------------------------------------------------------ DISCLAIMER ------------------------------------------------------------------------
More informationPROPERTY MAINTENANCE. Chapter 438 FENCES - HEIGHT - REGULATION
PROPERTY MAINTENANCE Chapter 438 FENCES - HEIGHT - REGULATION 4381.1 Boulevard - defined 438.1.2 Engineer - defined CHAPTER INDEX Article 1 INTERPRETATION 438.1.3 Exterior side yard - defined 438.1.4 Fence
More informationSOIL CONSERVATION ACT 76 OF 1969
SOIL CONSERVATION ACT 76 OF 1969 [ASSENTED TO 13 JUNE 1969] [DATE OF COMMENCEMENT: 26 MARCH 1970 Made applicable in Namibia with effect from 1 April 1971 by Act 38 of 1971] as amended by Soil Conservation
More informationFlorida Department of Agriculture and Consumer Services Florida Forest Service GRAZING AGREEMENT
Florida Department of Agriculture and Consumer Services Florida Forest Service GRAZING AGREEMENT LAKE WALES RIDGE STATE FOREST; PRAIRIE TRACT, WEST UNIT 3125 CONNER BOULEVARD, TALLAHASSEE, FLORIDA 32399-1650
More informationProvince of Alberta LINE FENCE ACT. Revised Statutes of Alberta 2000 Chapter L-13. Current as of December 13, Office Consolidation
Province of Alberta LINE FENCE ACT Revised Statutes of Alberta 2000 Chapter L-13 Current as of December 13, 2016 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 7 th Floor,
More informationJANIE L. GROMER, ) ) Plaintiff - Respondent, ) ) vs. ) No. SD29942 ) HUBERT MATCHETT, SR., ) Opinion filed: ) July 28, 2010 Defendant - Appellant.
JANIE L. GROMER, ) ) Plaintiff - Respondent, ) ) vs. ) No. SD29942 ) HUBERT MATCHETT, SR., ) Opinion filed: ) July 28, 2010 Defendant - Appellant. ) APPEAL FROM THE CIRCUIT COURT OF BUTLER COUNTY Honorable
More information(3) erect a fence includes altering, constructing, or relocating a fence,
THE CORPORATION OF THE TOWN OF OAKVILLE BY-LAW NUMBER 2002-034 A by-law to regulate fences and privacy screens THE COUNCIL ENACTS AS FOLLOWS: Definitions and Interpretation 1. In this by-law: (1) boundary
More informationTorts - Liability for Damage Caused by Trespassing Cattle
Louisiana Law Review Volume 19 Number 3 April 1959 Torts - Liability for Damage Caused by Trespassing Cattle Sam J. Friedman Repository Citation Sam J. Friedman, Torts - Liability for Damage Caused by
More informationThe Stray Animals Act
The Stray Animals Act being Chapter 185 of The Revised Statutes of Saskatchewan, 1940 (effective February 1, 1941). NOTE: This consolidation is not official. Amendments have been incorporated for convenience
More informationCITY OF EDGEWATER ORDINANCE NO SERIES OF 2015
CITY OF EDGEWATER ORDINANCE NO. 2015-19 SERIES OF 2015 AN ORDINANCE AMENDING CHAPTER 7 OF THE EDGEWATER MUNICIPAL CODE, CONCERNING HEALTH, SANITATION AND ANIMALS, BY REPEALING AND REENACTING SECTIONS 7-6-70,
More informationCOUNTY OF DEL NORTE Washington Boulevard Crescent City, California Phone (707) FAX (707)
Glenn E. Anderson Agricultural Commissioner Sealer of Weights and Measures California Plant Quarantine Officer Director of Animal Control COUNTY OF DEL NORTE DEPARTMENT OF AGRICULTURE 2650 Washington Boulevard
More informationAnimals - Stock at Large - Duty of Owner - Parish Ordinances - Article 2321 of the Civil Code
Louisiana Law Review Volume 5 Number 2 May 1943 Animals - Stock at Large - Duty of Owner - Parish Ordinances - Article 2321 of the Civil Code C. C. L. Repository Citation C. C. L., Animals - Stock at Large
More informationCITY OF EDGEWATER ORDINANCE NO SERIES OF 2015
COE.TWR.00207 CITY OF EDGEWATER ORDINANCE NO. 2015-19 SERIES OF 2015 AN ORDINANCE AMENDING CHAPTER 7 OF THE EDGEWATER MUNICIPAL CODE, CONCERNING HEALTH, SANITATION AND ANIMALS, BY REPEALING AND REENACTING
More informationCattle Improvement Consolidation Ordinance 14 of 1941 (OG 898) came into force on date of publication: 22 April 1941
Cattle Improvement Consolidation Ordinance 14 of 1941 (OG 898) came into force on date of publication: 22 April 1941 as amended by Cattle Improvement Consolidation Ordinance Amendment Proclamation 14 of
More informationGENERAL NOTICE NOTICE 339 OF 2012 DEPARTMENT OF POLICE DRAFT MOVEMENT OF ANIMALS AND ANIMAL PRODUCE BILL, 2012 FOR PUBLIC COMMENTS,
STAATSKOERANT, 19 APRIL 2012 No.35269 3 GENERAL NOTICE NOTICE 339 OF 2012 DEPARTMENT OF POLICE DRAFT MOVEMENT OF ANIMALS AND ANIMAL PRODUCE BILL, 2012 FOR PUBLIC COMMENTS, The administration of the Stock
More informationIN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO Opinion Number: Filing Date: August 29, 2012 Docket No. 29,853 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF BERNALILLO, v. Plaintiff-Appellant, IVAN
More informationORDINANCE NO. 387 AN ORDINANCE RELATING TO ANIMAL CONTROL, PROVIDING PENALTIES FOR VIOLATION THEREOF AND REPEALING ORDINANCES NOS. 8, 51, AND 232.
4-2 4-2.4 ORDINANCE NO. 387 AN ORDINANCE RELATING TO ANIMAL CONTROL, PROVIDING PENALTIES FOR VIOLATION THEREOF AND REPEALING ORDINANCES NOS. 8, 51, AND 232. THE CITY OF COLUMBIA CITY DOES ORDAIN AS FOLLOWS:
More informationProvince of Alberta STRAY ANIMALS ACT. Revised Statutes of Alberta 2000 Chapter S-20. Current as of January 1, Office Consolidation
Province of Alberta STRAY ANIMALS ACT Revised Statutes of Alberta 2000 Current as of January 1, 2010 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer Suite 700, Park Plaza
More informationFIRST QUESTION PRESENTED
September 29, 1998 No. 8262 This opinion is issued in response to certain questions presented by Mark Huddleston, Jackson County District Attorney, concerning the legal status of the Greensprings Livestock
More informationELECTRICITY ACT 1939
ELECTRICITY ACT 1939 Act 21/1939 Lane Cap 95 ARRANGEMENT OF SECTIONS 1. Short title 2. Interpretation 3. Application of Act 4. Permits for the supply of electricity 5. Objections to the granting of a permit
More informationBE it enacted by the Administrator of British New Guinea with
THE TRESPASS AND BRANDS ORDINANCE OF 1891. (1) No. 4 of 1891. An Ordinance to deal with Trespass by Animals and to Provide for the Registration of Cattle Brands and Animals. BE it enacted by the Administrator
More informationTHE CORPORATION OF THE CITY OF WATERLOO
THE CORPORATION OF THE CITY OF WATERLOO BY-LAW NUMBER 2013-0 1] A BY-LAW TO PROVIDE FOR THE REGULATION OF FENCES AND PRIVACY SCREENS WITHIN THE CITY OF WATERLOO WHEREAS section 11 (3)(7) of the Municipal
More informationWyoming Animal Cruelty Laws Sofia Gall 1
Updated as of January 7, 2014 Wyoming Animal Cruelty Laws Sofia Gall 1 Introduction Wyoming has a consolidated animal cruelty provision within Chapter 3 of Title 6. This provision includes a new offense
More informationIC Chapter 4. Signals at Railroad Grade Crossings
IC 8-6-4 Chapter 4. Signals at Railroad Grade Crossings IC 8-6-4-0.3 Legalization of certain ordinances; review of crossing safety levels; program to increase crossing safety; development of crossing safety
More informationAnimals Act 1971 ARRANGEMENT OF SECTIONS CHAPTER 22. Strict liability for damage done by animals. Animals straying on to highway
To be returned to HMSO PC12C1 for Controller's Library Run No. 2 0 Bin No. Box No. Year. Section Animals Act 1971 CHAPTER 22 ARRANGEMENT OF SECTIONS Strict liability for damage done by animals 1. New provisions
More informationEID POLICY MANUAL. LAND Policy Governing Eligibility and Operation of Revised Apr Pastures on EID Lands [supersedes Aug ]
Table of Contents: 1.0 GENERAL...3 2.0 RELATIONSHIP OF THE DISTRICT WITH COMMUNITY GRAZING ASSOCIATIONS...3 2.1 The District May Enter Into Agreements with Community s... 3 2.2 s to Comply with Policy...
More informationIndexed. -to W. HANNAH Circular 977. tv of Illinois College of Agriculture Cooperative Extension Service
CIRCULATING COpy AGRICULIURE LI.BHARJ' Indexed -to W. HANNAH Circular 977 tv of Illinois College of Agriculture Cooperative Extension Service CONTENTS GENERAL FENCE LAWS...................................
More informationELECTRICITY ACT Cap 95 8 July 1939 ELECTRICITY ACT. Revised Laws of Mauritius
Revised Laws of Mauritius ELECTRICITY ACT Cap 95 8 July 1939 ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Application of Act 4. Permit for supply of electricity 5. Objections to
More informationIowa Fence Requirements: A Legal Review By Kristine A. Tidgren i July 27, 2016
Iowa Fence Requirements: A Legal Review By Kristine A. Tidgren i July 27, 2016 Background Iowa fence law has long sought to protect agricultural interests. Iowa fencing statutes date from earliest times,
More informationTOWN OF GRAND BANK ANIMAL CONTROL REGULATIONS, 2005
TOWN OF GRAND BANK ANIMAL CONTROL REGULATIONS, 2005 PUBLISHED BY AUTHORITY Pursuant to the authority conferred under Section 414 {2} of The Municipalities Act, S.N. 1999 Chapter M-24, the Town Council
More informationGrazing Licence Template Agreeement
Grazing Licence Template Agreeement 1 Page 2 of 8 GRAZING LICENCE Memorandum of Agreement I... of... (Insert address) with Herd Number... (Hereinafter called the the Licensee ) Hereby agree to take under
More informationChapter 5 ANIMALS* Article I. In General
Chapter 5 ANIMALS* *Charter reference(s)--regulation of keeping of animals, 6.04. Cross reference(s)--health and sanitation, Ch. 14; vermin and rodent control in food establishments, 14-74; licenses generally,
More informationORDINANCES (SECOND OF TWO READINGS AND ENACTMENT) ORDINANCE NO. O
CITY OF CLAYTON, OHIO ============================================================== RESOLUTIONS AND ORDINANCES November 17, 2016 ============================================================== OLD BUSINESS
More informationA PROCEDURAL GUIDE FOR TOWNSHIPS
OHIO PARTITION FENCE LAW A PROCEDURAL GUIDE FOR TOWNSHIPS S E P T E M B E R 2 0 0 8 P R O V I D E D B Y O H I O T O W N S H I P A S S O C I A T I O N O S U E X T E N S I O N A G R I C U L T U R A L & R
More information300 Public Property and Improvements Excavation of Streets
300 Public Property and Improvements 301. Excavation of Streets 301.01. Permit Required. No person shall dig or cause any digging to be done on any public street or alley without first securing a permit
More informationStock Theft Act 12 of 1990 (GG 63) came into force on date of publication: 28 August 1990
(GG 63) came into force on date of publication: 28 August 1990 as amended by Stock Theft Amendment Act 4 of 1991 (GG 201) came into force on date of publication: 14 May 1991 Stock Theft Amendment Act 19
More informationme inclusion of this page is authorized by L.N. 480/1973] THE CRUELTY TO ANIMALS ACT CRUELTY TO ANIMALS ARRANGEMENT OF SECTIONS
CRUELTY TO ANIMALS 1 THE CRUELTY TO ANIMALS ACT ARRANGEMENT OF SECTIONS 1. Short title. 2. Interpretation. 3. Cruelly beating, etc., any animal. 4. Working, etc., animal unfit for work. 5. Causing injury
More informationChapter 8 ANIMALS [1]
[1] ARTICLE I. - IN GENERAL ARTICLE II. - LIVESTOCK AND OTHER FARM ANIMALS ARTICLE III. - DOGS FOOTNOTE(S): --- (1) --- Charter reference Regulation of keeping of animals, 6.04. (Back) State Law reference
More informationPETER and TANYA ROTHING, d/b/a DIAMOND R ENTERPRISES, INC., Plaintiffs and Appellants, v. ARNOLD KALLESTAD, Defendant and Respondent.
PETER and TANYA ROTHING, d/b/a DIAMOND R ENTERPRISES, INC., Plaintiffs and Appellants, v. ARNOLD KALLESTAD, Defendant and Respondent. BY: Ricky, Marcos, Eileen, Nataly Factual and Procedural Background
More informationCOLORADO COURT OF APPEALS
COLORADO COURT OF APPEALS 2017COA36 Court of Appeals No. 16CA0224 City and County of Denver District Court No. 14CV34778 Honorable Morris B. Hoffman, Judge Faith Leah Tancrede, Plaintiff-Appellant, v.
More information1.1. By-law means this by-law and any schedule to this by-law as they may from time to time be amended.
As amended by By-law 47-2015,116-2014 By-law 23-2014 of The Corporation of the City of Oshawa WHEREAS 1. The Council of The Corporation of the City of Oshawa wishes to regulate the height of fences, natural
More informationTITLE 16 STREETS AND SIDEWALKS, ETC 1 CHAPTER 1 MISCELLANEOUS
Change 3, September 29, 2005 16-1 CHAPTER 1. MISCELLANEOUS. 2. EXCAVATIONS. TITLE 16 STREETS AND SIDEWALKS, ETC 1 CHAPTER 1 MISCELLANEOUS SECTION 16-101. Obstructing streets, alleys, or sidewalks prohibited.
More informationTA-Z April 23, 2015
TA-Z-14-09 April 23, 2015 AN ORDINANCE AMENDING APPENDIX A OF THE CITY CODE, ENTITLED ZONING, ARTICLE 3, SECTION 3-403; ARTICLE 6, SECTIONS 6-2101 AND 6-2102; AND ARTICLE 14, SECTION 14-900 AND ADDING
More informationJUDGMENT AFFIRMED. Division VII Opinion by JUDGE J. JONES Russel and Terry, JJ., concur. Announced December 24, 2009
COLORADO COURT OF APPEALS Court of Appeals No. 08CA2342 City and County of Denver District Court No. 07CV9223 Honorable Morris B. Hoffman, Judge Cynthia Burbach, Plaintiff-Appellant, v. Canwest Investments,
More informationFences. Call Gopher State One at to identify utility locations prior to digging post holes.
City Of Austin 500 Fourth Avenue N.E. Austin, Minnesota 55912-3773 Zoning Department 507-437-9950 Fax 507-437-7101 Permits: All fences erected within Austin city limits require a zoning permit. This permit
More informationThis letter responds to your request for an analysis concerning HB 536, which proposes amendments to various trespass statutes in the Idaho Code.
STATE OF IDAHO OFFICE OF THE ATTORNEY GENERAL LAWRENCE G. WASDEN Representative Mathew Erpelding Idaho House of Representatives Idaho State Capitol Boise ID 83720 Via email: MErpelding@house.idaho.gov
More informationTHE CORPORATION OF THE TOWNSHIP OF WAINFLEET BYLAW NO
THE CORPORATION OF THE TOWNSHIP OF WAINFLEET BYLAW NO. 019-2005 Being a bylaw to regulate the height, location, character and construction materials of fences in the Township of Wainfleet. WHERAS the Municipal
More informationTHE TRUST LAND (IRRIGATION AREAS) RULES
L.N.535/1962, L.N.625/1963. THE TRUST LAND (IRRIGATION AREAS) RULES 1. These Rules may be cited as the Trust Land (Irrigation Areas) Rules, and shall apply to such areas of Trust land as the Minister may,
More informationCriminal Trespass Applied to Tenants Invited Guests
DATE: November 5, 2009 TO: FROM: RE: Mayor Prussing and Urbana City Council David Gehrig and Charlie Smyth Criminal Trespass Applied to Tenants Invited Guests Sixty-three percent of households in Urbana
More informationTHE CORPORATION OF THE TOWN OF INNISFIL BY-LAW NO
THE CORPORATION OF THE TOWN OF INNISFIL BY-LAW NO. 052-05 A By-law of the Corporation of the Town of Innisfil prescribing the heights and descriptions of lawful fences in the Town of Innisfil and for the
More informationThe Range Cattle Industry: Its Effect on Western Land Law
Montana Law Review Volume 28 Issue 2 Spring 1967 Article 1 1-1-1967 The Range Cattle Industry: Its Effect on Western Land Law Valerie Weeks Scott Partner, Scott and Scott Follow this and additional works
More informationTHE KARNATAKA CATTLE TRESPASS ACT, 1966
1 THE KARNATAKA CATTLE TRESPASS ACT, 1966 ARRANGEMENT OF SECTIONS Statement of Objects and Reasons: Sections: CHAPTER I PRELIMINARY 1. Short title and commencement. 2. Definitions. CHAPTER II POUNDS AND
More informationCROP PRODUCTION AND LIVESTOCK ACT
LAWS OF KENYA CROP PRODUCTION AND LIVESTOCK ACT CHAPTER 321 Revised Edition 2012 [1977] Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org G45-1
More information"registered person" means any person whose name is entered in the register;
G.N1321/1954. L.N.625/1963. THE TRUST LAND (LAMBWE VALLEY) RULES 1. These Rules may be cited as the Trust Land (Lambwe Valley) Rules. 2. In these Rules- "licence" means a licence issued under rule 5 of
More informationCOLORADO COURT OF APPEALS
COLORADO COURT OF APPEALS 2015COA63 Court of Appeals No. 14CA0727 Weld County District Court No. 11CV107 Honorable Daniel S. Maus, Judge John Winkler and Linda Winkler, Plaintiffs-Appellants, v. Jason
More informationTRUST LAND ACT CHAPTER 288 LAWS OF KENYA
LAWS OF KENYA TRUST LAND ACT CHAPTER 288 Revised Edition 2012 [2010] Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org [Rev. 2012] CAP. 288
More informationBY-LAW NUMBER of - THE CORPORATION OF THE COUNTY OF BRANT. To regulate yard maintenance
BY-LAW NUMBER 97-17 - of - THE CORPORATION OF THE COUNTY OF BRANT To regulate yard maintenance WHEREAS the Council of the Corporation of the County of Brant is desirous of enacting a bylaw to regulate
More informationMitcham Common Byelaws
Mitcham Common Byelaws BYELAWS made by the Mitcham Common Conservators under the Scheme confirmed by the Metropolitan Commons (Mitcham) Supplemental Act 1891, with respect to Mitcham Common. Interpretation
More information[Rev. 2012] CAP. 364 Animal Diseases
[Rev. 2012] CAP. 364 Rule 1. Citation. 2. Interpretation. ANIMAL DISEASES RULES, 1968 ARRANGEMENT OF RULES PART I PRELIMINARY PART II IMPORTATION OF ANIMALS 3. Importation by sea or air. 4. Examination
More informationCITY OF KINGSTON. Ontario. By-Law Number A By-Law To Regulate Fences. By-Law Number: Date Passed: September 9, 2014
CITY OF KINGSTON Ontario By-Law Number 2003-405 A By-Law To Regulate Fences Passed: November 4, 2003 As Amended By By-Law Number: By-Law Number: Date Passed: 2014-140 September 9, 2014 (Office Consolidation)
More informationCALIFORNIA PENAL CODE, REFERENCE SECTIONS FOR AB 2052, Williams, as amended March 17, 2016
CALIFORNIA PENAL CODE, REFERENCE SECTIONS FOR AB 2052, Williams, as amended March 17, 2016 to add to the Penal Code a new Section 597.8 to read, "Upon conviction pursuant to subdivision (a) or (b) of Section
More informationA Triumph of Myth over Principle: The Saga of the Montana Open-Range
Montana Law Review Volume 56 Issue 2 Summer 1995 Article 5 7-1-1995 A Triumph of Myth over Principle: The Saga of the Montana Open-Range Roy H. Andes Follow this and additional works at: https://scholarship.law.umt.edu/mlr
More informationLAWS OF BRUNEI CHAPTER 59 BUFFALOES
CHAPTER 59 BUFFALOES 6 of 1908 6 of 1933 (Cap. 59 of 1951) Amended by S 99/59 Buffaloes CAP. 59 1 LAWS OF BRUNEI CHAPTER 59 BUFFALOES ARRANGEMENT OF SECTIONS Section 1. Short title. 2. Interpretation.
More informationCity CQ)f WesiwCQ)Jrth Village 31]1 Bm ' ~o:n JHljl1 IRo 'Il '~ VVest-wodh Village, T :g: ]Pax ll7.7jlo.2501
City CQ)f WesiwCQ)Jrth Village 31]1 Bm ' ~o:n JHljl1 IRo 'Il '~ VVest-wodh Village, T :g: 76114 817.710.2500 ]Pax ll7.7jlo.2501 ORDINANCE NO. 423 AN ORDINANCE OF THE CITY OF WESTWORTH VILLAGE AMENDING
More informationCLEANLINESS OF PREMISES
Sec. 12-6. General prohibition. CLEANLINESS OF PREMISES Whatever is dangerous to human health, or whatever renders the ground, the water, the air, or food a hazard or injurious to human life or health
More information