Cliven Bundy in the News Again - Cow Crash lawsuit

[katqanna]

Cliven Bundy blames state for faulty fence after woman sues him for interstate cow crash

 

[1_pointer]

I do not know the fence/range laws in NV. However, the response by DOT of needing to do more research leads me to believe that this may turn out different than some folks want. The twist of the cattle being in trespass is certainly a twist that I will be interested in hearing the outcome of.

I dealt with this issue a couple of times a year in UT. Utah is an "open range" state meaning that if you hit livestock you are liable to the owner for the damages. County laws can supercede the state fence law and many of the more populated areas of counties are "closed range". IME I never knew of anyone other than the livestock owner being liable in livestock/car accidents in these areas. IIRC there was a rancher in Cache County that was brought up on charges after one of his cows was hit, but I don't recall the outcome.

 

[JLS]

This guy is beyond a POS.

That said, last year I hit two black angus calves on the interstate just west of Whitehall at midnight. Obviously killed them both, and did about $12,000 damage to my pickup. Montana is an open range state, HOWEVER, open range status does not extend to the interstate and it's right of way. The rancher ended up being liable for my damages.

I think the trespass issue here will completely change the face of this suit.

 

[RobG]

Gotta love open range laws.

 

[Ben Lamb]

"Let me tell you what I know about the Black Angus..."

 

[JWP58]

This fella is the king of "have your cake and eat it too".

First he claims to not recognize the United States Government, then rides around on a horse with the stars and stripes. Then he says he only abides by the NV state constitution, which if he ever read he would know that within the NV state constitution the state relinquished all rights to unappropriated land to the U.S. Federal Government..........

Then his son pulls his kids out of school because the KIDS cant carry a firearm while at school, therefor infringing on the children's second amendment rights.


These people are straight out of kookville.

 

[RobG]

If only the state managed these lands we could prevent this...

 

[BigRack]

If only the state managed these lands we could prevent this...

I think you may be mistaken thinking the Federal Government can build a better fence than the State. Just look at the Southern border.

 

[bigskyblueman]

Indeed, a better spot for the WILKS fence.

 

[BiggWimm]

I may be part of the minority, but I don't think that state control is necessarily the answer. I know that here in Utah, one of their plans would be to turn federally governed lands over to private interest groups to control. The SFW and BGF are BIG fans of this idea.

 

[BigRack]

I may be part of the minority, but I don't think that state control is necessarily the answer. I know that here in Utah, one of their plans would be to turn federally governed lands over to private interest groups to control. The SFW and BGF are BIG fans of this idea.

The majority don't think State control is the answer and I'm not even sure why that topic got brought into this fence discussion.

 

[katqanna]

JLS, I was wondering the same thing about his trespassing being a game changer, since the BLM tried to remove his cattle. If there is no current lease, then what protection does he think he has?

 

[1_pointer]

JLS, I was wondering the same thing about his trespassing being a game changer, since the BLM tried to remove his cattle. If there is no current lease, then what protection does he think he has?

That is what I will find interesting and will probably be determined on how the range/fence law is written. In the cases I dealt with, it never came up if the cows were legally on the adjoining land, just who owned them. It's not that hard to see how in a open range, fence out state that trespassing livestock could be treated the same as ones not trespassing. The trespass issue on BLM lands is a seperate issue with the two falling under seperate jurisdictions, so maybe not an issue?

 

[JoseCuervo]

NRS 568.360  Duties of owners of domestic animals with respect to domestic animals upon highway.
1.  No person, firm or corporation owning, controlling or in possession of any domestic animal running on open range has the duty to keep the animal off any highway traversing or located on the open range, and no such person, firm or corporation is liable for damages to any property or for injury to any person caused by any collision between a motor vehicle and the animal occurring on such a highway.
2.  Any person, firm or corporation negligently allowing a domestic animal to enter within a fenced right-of-way of a highway is liable for damages caused by a collision between a motor vehicle and the animal occurring on the highway.
(Added to NRS by 1965, 644; A 1983, 235).

As best I can remember, I have never seen any of the interstates in Nevada without fencing along them. Therefore, I think the 2nd part of the statute applies.

Now the question is one of negligence on the racist tea bagger's part.