
Equine Law Blog
Driving along a highway at night, motorists don’t expect to see herds of cattle or horses. In designated “open range” districts, however, these animals could potentially cross the road in the day or night. So what happens when motorists collide with horses or livestock in open range districts?
Open Range Laws
Nationwide, most states are NOT open range states, and horse owners are required to reasonably secure them in barns and pastures to keep them off of roadways. A few states, that include (but are not limited to) Nevada, Montana, Texas, and Idaho, allow livestock owners to allow them to roam unfenced, with some restrictions. For example, Nevada Revised Statutes Sec. 568.355 defines “open range” as “all unenclosed land outside of cities and towns upon which cattle, sheep or other domestic animals by custom, license, lease or permit are grazed or permitted to roam.” This state’s law, Nevada Revised Statutes Sec. 568.360, addresses liabilities of animal owners:
If you’re a horse boarding stable, it’s a matter of time until you encounter a customer who falls behind on board payments. Here are some ideas for owners and stables.
“Jane,” a horse owner found her dream property. The house was just her size. Never before was a horse stabled on the property, but there was a storage barn that, Jane thought, could easily be converted into a horse barn, and the surrounding land could be fenced for pasture. Jane bought the property. Soon after, she built a stall in the barn, set up fencing, and moved in her horse.
Within a few weeks, however, a serious problem occurred. Jane received a notice from the city ordering her to remove her pasture fencing because it violated the local zoning ordinance. That ordinance required fences to be set back a specific distance from the property line. Adding to the problem, once Jane read the ordinance, she discovered that compliance with it would reduce her pasture to the size of a dog run. Her plans for a stable on her property were doomed.