Torvy
Super Member
You are spot on...I didn't want to get into the entire code. I'm on a county road and cows would have a few miles to stray to get to a state/federal highway. I think most, if not all fence, but if they get out, they don't have the liability. Another reason for the post was as a reminder that what is true in one area may not be true in all.Technically, you are correct about an open range state. BUT: see an article from Texas A&M AgriLife. " This common law, however, is not the end of the story. Although this law may be applicable in portions of the state, it is certainly not the law for all areas or all roadways in Texas. Two exceptions modify this common law rule for certain areas: stock laws and a statute pertaining to federal and state highways".
I do not want to get into a raging debate here. Just responding because I cannot even imagine NOT having my cattle fenced in! WOW. at least mine would wonder off who knows where.There are times I wish they would.
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There is a leased piece of land adjacent to us with cattle. They were out and showed up walking around where my house is now going up. Once we are on the property full-time, we will augment his fencing...we will also have a couple of Shepherds that will dissuade them. (or one GSD and another large dog)