In Brazos County, voters are facing a decision on whether ranchers should be allowed to let their animals roam freely or if they should be required to fence them in. This proposition specifically focuses on cattle and other livestock. The outcome of these “stock laws” could greatly impact ranchers in the area.
Texas is an open range state, which means that livestock can roam freely unless there are local laws in place that require them to be fenced in. Tiffany Dowell Lashmet, an expert in agricultural law, explained that the decision to have stock laws is made at the county level, and sometimes even at the precinct level within a county.
In open range counties, there is no legal duty for livestock owners to fence in their animals. This means that if an accident occurs on the road and a vehicle hits a cow, the livestock owner would not be held liable for any damages. On the other hand, in closed range counties, where animals must be fenced in, the livestock owner may be held liable if the factual situation shows that they had knowledge or permitted their animals to roam freely.
While there may be additional costs associated with fencing in animals in counties that require it, such as the cost of building fences, many ranchers in urban areas like Brazos County already have their livestock fenced in to prevent them from roaming at large. However, if a rancher needs to build a fence, the costs can be significant, averaging around $3 per foot, which equates to about $15,000 per mile.
As Texas becomes more urbanized and rural areas see an influx of residents, debates around stock laws and other agricultural issues become more prominent. While urbanization may play a role in these discussions, it is not necessarily the main driver behind changes in stock laws. The legal issues surrounding livestock ownership and land use are complex and require careful consideration.
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