Open Range #3 is a photograph by Robert Bales which was uploaded on May 22nd, 2016.
Open Range #3
We were out doing a little geocaching and found this herd in an open range area with the Three Horse Winery in the background.... more
by Robert Bales
Title
Open Range #3
Artist
Robert Bales
Medium
Photograph - Photo
Description
We were out doing a little geocaching and found this herd in an open range area with the Three Horse Winery in the background.
In the Western United States and Canada, open range is rangeland where cattle roam freely regardless of land ownership. Where there are "open range" laws, those wanting to keep animals off their property must erect a fence to keep animals out; this applies to public roads as well. Land in open range that is designated as part of a "herd district" reverses liabilities, requiring an animal's owner to fence it in or otherwise keep it on the person's own property. Most eastern states and jurisdictions in Canada require owners to fence in or herd their livestock.
Where there are "open range" laws, people wanting to keep animals off their property must erect a legal fence to keep animals out, as opposed to the "herd district" where an animal's owner must fence it in or otherwise keep it on the person's own property. Most eastern states and jurisdictions in Canada require owners to fence in or herd their livestock.
In modern times, free roaming cattle can be a nuisance and danger in developed areas. Most western states now limit open range to certain areas. Under open range law today, if livestock break through a "legal fence" (defined by law in terms of height, materials, post spacing, etc.), then the livestock owner is liable for damages of the fenced property. Conversely, the livestock owner is not liable in the absence of the "legal fence." An exception exists for "unruly" animals, usually meaning breeding bulls and stallions, which are supposed to be restricted by the owner.
On roadways within an open range area, in a cow-car collision on a roadway, the rancher was at one time not generally liable, but recent law changes beginning in the 1980s gradually increased rancher liability, first requiring cattle be kept off federal highways, then other developed roads, and in some cases, limited open range grazing only to certain times of the year. In some states, such as Montana, case law on the open range has, for all practical purposes, eliminated it altogether, though statutes may remain on the books. Today, a vehicle has a much higher chance of hitting a wild animal than livestock
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Uploaded
May 22nd, 2016
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Comments (16)
Eleanor Bortnick
Beautiful image. Its nice to see cattle that are not fenced in. L/F
Robert Bales replied:
Thanks Eleanor for the great commeng and the LF!! Most of the back county has no fences for the csttle.
Eleanor Bortnick
Beautiful landscape. Love the lines and composition. L/F
Robert Bales replied:
Thanks Eleanor for the composition and lines along with the LF!! They are greatly appreciatated!!
Kathy Krause
Awesome capture Robert!! So good to see that there are still farmers that give their cattle herds some range to roam! Thank you so much for the fine details of the laws on "open range!" That was really interesting! l/F
Robert Bales replied:
Thanks Kathy for the very nice review and comments. Most of the ranchers in this area uses open range.