“South Park residents say that 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.”
Surprising to me, but that certainly clarifies who had the obligation. Thanks.
Fence out cattle on open range, yes. I am not so sure this applies to bison as bison won't mind a legal cattle proof fence.
I can't get too worked up about this whole deal, though as I doubt any of the players are long time "ranchers." Seems to me they are a bunch of city imports trying to redifine the old west. Years ago, it would have been a dead rancher instead of dead stock.
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.
Should have called in Boss Speerman and Charlie Waite.
No mention of bison.
A “lawful” fence is defined as a “well constructed three barbed wire fence with substantial posts set at a distance of approximately 20 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.”
Bison walk through 5 wire fences as if they don’t exist.
There's law, and there's being a good neighbor. Even with the law on his side, a good neighbor would have taken steps to keep his animals from crossing over onto his neigbor's property, especially since he knew that they had done damage before.