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Can I legally shoot neighbor's pigs and goats ? #3594280 09/22/12 01:12 PM
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Just wondering if anyone on here could answer my question. My neighbor's pigs and goats roam free and eating all my deer corn and eating all the plants (rose bushes,ect... )up at the house as well. Can i legally shoot them (dead)? The neighbor know's about them roaming free and wont put up new fence i have talked with them and they seem not to care have shoot bird shoot behind them to get them to leave but they return days later I'm ready to shoot to kill now!!! So any help would be appreciated. Thanks

Re: Can I legally shoot neighbor's pigs and goats ? [Re: kgreer26] #3594286 09/22/12 01:15 PM
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Contact the sheriffs office and have them impounded. This will cost the neighbor money to get them back.


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Re: Can I legally shoot neighbor's pigs and goats ? [Re: kgreer26] #3594287 09/22/12 01:15 PM
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Shoot
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Shut up


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Re: Can I legally shoot neighbor's pigs and goats ? [Re: kgreer26] #3594292 09/22/12 01:18 PM
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The other owner's apathy makes it acceptable. Shoot, cook, eat

Re: Can I legally shoot neighbor's pigs and goats ? [Re: LandPirate] #3594298 09/22/12 01:24 PM
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They called Sheriff yesterday on me. They sent their 13 YR. son down to the house yesterday and said that i killed 3 of their goats yesterday he said his mom called the Sheriff on me but i never seen the Sheriff ( and I was shooting a 20 GA. with bird shoot in it and didn't aim and shoot behind them ) thanks for the help also I called the Game Warden this morning left him a message to call back.

Re: Can I legally shoot neighbor's pigs and goats ? [Re: kgreer26] #3594306 09/22/12 01:28 PM
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You should contact sheriff and let them handle it. I would get a few video tapes of them on your property each time it happens and keep it for evidence as well.


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Re: Can I legally shoot neighbor's pigs and goats ? [Re: Curtis] #3594326 09/22/12 01:39 PM
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GW is most likley insane busy right now. Give your sheriff a call since you already posted it up on here.... next time just take care of buisness....its ur property

Re: Can I legally shoot neighbor's pigs and goats ? [Re: Curtis] #3594330 09/22/12 01:40 PM
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Originally Posted By: Curtis
You should contact sheriff and let them handle it. I would get a few video tapes of them on your property each time it happens and keep it for evidence as well.


Yes, video tape it. I would also send them an invoice for the corn and damage to shrubbery. If you shoot them, make sure to haul them off where they could never be found.

Re: Can I legally shoot neighbor's pigs and goats ? [Re: DocHorton] #3594412 09/22/12 02:27 PM
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Had that problems with goats several years ago, goat owner would not take care of his goats getting loose, I started taking care of the problem on my side, goat owner took care of the problem on his side! up

Re: Can I legally shoot neighbor's pigs and goats ? [Re: dgilbert] #3594492 09/22/12 03:09 PM
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Unless domestic pigs and goats are now considered "game animals" the GW has nothing to do with this matter.


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Re: Can I legally shoot neighbor's pigs and goats ? [Re: LandPirate] #3594515 09/22/12 03:23 PM
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You responsibility to fence them out of your property.
http://equinelaw.alisonrowe.com/uploads/file/Eyssen%20Stock%20Laws.pdf


Since becoming a state in 1845, Texas has always been considered an open range state. In 1893, the Texas Supreme Court opined in Clarendon Land, Investment & Agency Co. v. McClelland,3 that "[i]t is the right of every owner of domestic animals in this state...to allow them to run at large."4 The Court further held, "the burden rests upon the landowner to exclude from his land the stock of other persons, by throwing around such land a fence sufficient to prevent entry thereon by all such stock not of a fence- breaking or vicious disposition."5 In what is now a one hundred and eighteen-year-old opinion, the Clarendon case is still the seminal open range case and it is still controlling authority in Texas. Thus, Abbott's comment was not only accurate, but it also reinforced what case law has stated for over a century - Texas is still an open range state.

Re: Can I legally shoot neighbor's pigs and goats ? [Re: NDN98] #3594535 09/22/12 03:33 PM
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Originally Posted By: NDN98
You responsibility to fence them out of your property.
http://equinelaw.alisonrowe.com/uploads/file/Eyssen%20Stock%20Laws.pdf


Since becoming a state in 1845, Texas has always been considered an open range state. In 1893, the Texas Supreme Court opined in Clarendon Land, Investment & Agency Co. v. McClelland,3 that "[i]t is the right of every owner of domestic animals in this state...to allow them to run at large."4 The Court further held, "the burden rests upon the landowner to exclude from his land the stock of other persons, by throwing around such land a fence sufficient to prevent entry thereon by all such stock not of a fence- breaking or vicious disposition."5 In what is now a one hundred and eighteen-year-old opinion, the Clarendon case is still the seminal open range case and it is still controlling authority in Texas. Thus, Abbott's comment was not only accurate, but it also reinforced what case law has stated for over a century - Texas is still an open range state.


Not true. It's actually by county. You need to check your laws in your county!

http://www.tscra.org/theft-law/livestock-laws.html


How do I know if my county is "open" or "closed range"?

Contact your county clerk or sheriff's office. If they do not know, it may be necessary for the clerk to search the election records to determine if a local stock option election has been held to "close the range."

Many of these elections were held between 1910 and 1930, so it may take some research to determine the status of your county.

There is no known list of "open" or "closed range" Texas counties.


Last edited by Curtis; 09/22/12 03:34 PM.

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Re: Can I legally shoot neighbor's pigs and goats ? [Re: NDN98] #3594556 09/22/12 03:42 PM
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Originally Posted By: NDN98
You responsibility to fence them out of your property.
http://equinelaw.alisonrowe.com/uploads/file/Eyssen%20Stock%20Laws.pdf


Since becoming a state in 1845, Texas has always been considered an open range state. In 1893, the Texas Supreme Court opined in Clarendon Land, Investment & Agency Co. v. McClelland,3 that "[i]t is the right of every owner of domestic animals in this state...to allow them to run at large."4 The Court further held, "the burden rests upon the landowner to exclude from his land the stock of other persons, by throwing around such land a fence sufficient to prevent entry thereon by all such stock not of a fence- breaking or vicious disposition."5 In what is now a one hundred and eighteen-year-old opinion, the Clarendon case is still the seminal open range case and it is still controlling authority in Texas. Thus, Abbott's comment was not only accurate, but it also reinforced what case law has stated for over a century - Texas is still an open range state.


This is not entirely true. Each county has the option of instituting an Animal Control Ordinance, and many have. The ACO generally makes it unlawful for someone's pets and domestic livestock to range freely or at large.


Mike
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Re: Can I legally shoot neighbor's pigs and goats ? [Re: LandPirate] #3594572 09/22/12 03:47 PM
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Originally Posted By: LandPirate
Originally Posted By: NDN98
You responsibility to fence them out of your property.
http://equinelaw.alisonrowe.com/uploads/file/Eyssen%20Stock%20Laws.pdf


Since becoming a state in 1845, Texas has always been considered an open range state. In 1893, the Texas Supreme Court opined in Clarendon Land, Investment & Agency Co. v. McClelland,3 that "[i]t is the right of every owner of domestic animals in this state...to allow them to run at large."4 The Court further held, "the burden rests upon the landowner to exclude from his land the stock of other persons, by throwing around such land a fence sufficient to prevent entry thereon by all such stock not of a fence- breaking or vicious disposition."5 In what is now a one hundred and eighteen-year-old opinion, the Clarendon case is still the seminal open range case and it is still controlling authority in Texas. Thus, Abbott's comment was not only accurate, but it also reinforced what case law has stated for over a century - Texas is still an open range state.


This is not entirely true. Each county has the option of instituting an Animal Control Ordinance, and many have. The ACO generally makes it unlawful for someone's pets and domestic livestock to range freely or at large.


Yep. Gonzales County did it a few years ago I think.


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Re: Can I legally shoot neighbor's pigs and goats ? [Re: LandPirate] #3594574 09/22/12 03:48 PM
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Is it not also unlawful to shoot someone's livestock, even if they are on your property?

Re: Can I legally shoot neighbor's pigs and goats ? [Re: Curtis] #3594601 09/22/12 04:02 PM
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What Curtis said

If your county is still an open range county it is your responsability to fix the fence and keep stock animals off your property. Do not kill them as you could be the one in trouble with the law.


Re: Can I legally shoot neighbor's pigs and goats ? [Re: NDN98] #3594606 09/22/12 04:03 PM
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It's illegal to shot anyone else's anything unless they are doing
you harm or threatening you or someone else...A lady in Boerne who live out toward Town Lake went to Germany a few yrs. back and
purchased an $18,000 German Sheppard..She lived in a country sub-division..her next door neighbor has purchased 3 sheep to keep her grass down..the dog killed the sheep, and the neighbor shot the dog..The lady went next door asked her if she shot her dog, got the answer and that the sheep costs $96 ea..and she wasn't raising sheep..paid her..Sued her and got almost a quarter of a
million dollars for the dog and it's potential get..Watch what you do..also in Texas, most folks have a problem with someone who
shoots livestock..Don

Re: Can I legally shoot neighbor's pigs and goats ? [Re: LandPirate] #3594658 09/22/12 04:31 PM
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Get hog trap. Bait with corn. Catch neighbors animals. Call sheriff dept. to come get them. It's clean and easy.

Re: Can I legally shoot neighbor's pigs and goats ? [Re: don k] #3594756 09/22/12 05:25 PM
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I had a similar situation with a neighbor's goats, and I've mentioned it on the forum once before. My first action to keep out the goats was to extend the fences about a foot higher. Then I got to see that the goats cleared that higher fence by maybe 2 feet. It was obvious that unless I went full High Fence, I wasn't going to keep the goats out, and I wasn't spending that kind of money to keep out somebody else's critters. I called the Sheriff and he said they'd send out a county cowboy to catch the goats. That didn't happen. Try catching goats in a heavily wooded area. I was getting 600 pictures per weekend of goats eating my deer corn. Then the goats made a terrible mistake and ate my wife's Crepe Myrtle bushes to the ground. A woman's rage is a frightening thing sometimes. I had to take immediate action to resolve the problem. So...I took a path that likely isn't open to you and offered to buy the goats from the neighbor. I did it on consignment, so I didn't have to pay until a goat got collected. He went for it. I got the 220 Swift and shot them, all 8 of them, which made them really easy to catch. Problem solved. And I told that crazy old man that if he thought that I was dumb enough to go through that exercise again and pay him money for goats, he had another think coming. If he bought more $10 goats in the hope that I'd pay him $25 apiece for them, I'd shoot the next batch and I'd pay him nothing. And then came the problem with Donkeys eating my deer corn. But...since I had shot all the damn goats and everyone now knew that I was a serious man, I only had to threaten to shoot the donkeys. The owner rounded them up and sold them elsewhere. I wish you luck with your problem.


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Re: Can I legally shoot neighbor's pigs and goats ? [Re: 338ultra] #3594776 09/22/12 05:40 PM
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Originally Posted By: 338ultra
Contact the sheriffs office and have them impounded. This will cost the neighbor money to get them back.


This.

Re: Can I legally shoot neighbor's pigs and goats ? [Re: texas.410] #3595236 09/22/12 10:23 PM
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Having the goats impounded is by far the best answer to the problem. But...as I mentioned, the cowboy that the Sheriff's office was supposed to send to impound the goats never showed up. I even hired some other guys to rope the goats and then take them to be impounded, but they didn't catch the first darn goat. So..impound is good if you can make it happen. Unfortunately, I think the goat problem is something that bothers only one person (the OP, in this case). Hardly anybody else will give a darn. I recommend a program of discreet goat culling - slowly, quietly, and over time. Today there might be 15 goats. Next week there might be 14 goats. And on and on.


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Re: Can I legally shoot neighbor's pigs and goats ? [Re: 603Country] #3595365 09/22/12 11:35 PM
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call the sheriff as others have stated.

I had something similiar happen years ago, cept it was a horse and a couple donkeys. Told the owner that I had a mule deer tag, and couldnt see that well smile didn't have an issue after that discussion




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Re: Can I legally shoot neighbor's pigs and goats ? [Re: TreeBass] #3595417 09/22/12 11:59 PM
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Originally Posted By: TreeBass
call the sheriff as others have stated.

I had something similiar happen years ago, cept it was a horse and a couple donkeys. Told the owner that I had a mule deer tag, and couldnt see that well smile didn't have an issue after that discussion


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Re: Can I legally shoot neighbor's pigs and goats ? [Re: TXHOGSLAYER] #3595447 09/23/12 12:16 AM
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https://tx-elliscounty.civicplus.com/index.aspx?NID=369

Quote:
Auction / Estray Listings
Notice

Contact
Carol Darling
Deputy Sheriff
Email

Email

Email

300 S. Jackson St
Waxahachie, TX 75165

Ph: (972) 825-4967
Fx: (972) 825-xxxx

Hours
8:30 am - 4:30 pm
Monday - Friday
NEW POLICY

Effective March 1st, 2010, the Ellis County Sheriff's Office will be posting Notices of Estray Livestock on this website.

Pursuant to Chapter 4, Title 121, Revised Civil Statutes of Texas, 1925, lawfully impounded livestock will be sold at public auction on the date and time posted on this page of the Official Ellis County website. If you have knowledge of someone who may be missing livestock, please check the Estray-Auction page of this website. If this could possibly be your animal, contact the Civil Division of the Ellis County Sheriff's Office at 972-825-4967. No other Notice will be published.

Other personal or real property may be listed on this website for auction.



Re: Can I legally shoot neighbor's pigs and goats ? [Re: RKHarm24] #3595459 09/23/12 12:24 AM
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Quote:
Animal Control
The Ellis County Sheriffs Office currently has two animal control officers. The animal control officers are responsible for all animal control related calls. The animal control officers typically impound stray dogs, investigate animal bites, follow up on animal bites, and investigate animal cruelty complaints. The animal control officers are also responsible for livestock issues. The animal control officers typically assist the owners of loose livestock put the livestock up. On occasion the livestock has to be impounded due to no owner being located.

The Ellis County Sheriffs Office has what is known as a cowdex. The cowdex allows the Ellis County Sheriffs Office to contact livestock owners in the event the livestock gets loose. The cowdex is for any animals other than dogs and cats. If you own livestock of any kind we encourage you to contact us to be put into the cowdex. The cowdex is provided to Ellis County residents at no cost.



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