under Colorado’s open-range laws, it is the duty of property owners to erect fences to keep cattle and bison out. It is not the duty, they said, of the rancher to fence cattle and bison in.
What if I want to run a herd of Elephants on my property? Would it be correct to say my neighbors would be required to defend their property with fences sufficient to stop elephants? It’s a ridiculous question I know but it serves to point out the foolishness of a law that says the owner isn’t responsible for his own animals.
These laws have existed for a LONG time and were bitterly fought over. Best to leave them alone.
I doubt if your elephants would do very well in South Fork ;-]
No, but if you decide to move to elephant country, you have the responsibility to understand what you’re getting into.
The hundred years old law said if you want a herd off your property, it’s your responsibility to keep them off your property.
Well if you have to hypothesize an elephant ranch in Colorado, I think the location of the folly is clear. :)
These laws don't have to appeal to every commenter on the internet with an abstract idea of justice. They've grown up out of a long series of trial and error and shouldn't be rejected at first look.
Animals don't recognize property rights or fences, and so aren't culpable for property rights violations.
Since the art of cow or buffalo training is undeveloped, if not impossible, the animal's owner has limited control himself. If he has to ensure total control of his herd, the costs of meat will be unaffordable.
While it seems that this landowner is unduly burdened by this law, he benefits equally if his own herd breaks into somebody else's land.