Can I legally shoot neighbor's pigs and goats ?

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

Contact the sheriffs office and have them impounded. This will cost the neighbor money to get them back.

Shoot
Shovel
Shut up

The other owner's apathy makes it acceptable. Shoot, cook, eat

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.

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.

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

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.

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!

Unless domestic pigs and goats are now considered "game animals" the GW has nothing to do with this matter.

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.

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.

Is it not also unlawful to shoot someone's livestock, even if they are on your property?

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.

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

Get hog trap. Bait with corn. Catch neighbors animals. Call sheriff dept. to come get them. It's clean and easy.

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.

This.

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.

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 didn't have an issue after that discussion

Now that I like!!

https://tx-elliscounty.civicplus.com/index.aspx?NID=369

Just do a Google, Bing or whatever search engine and let your fingers do the walking instead of your lips doing the talking!

Shoot em, cook em, and invite the neighbors over for the bbq.

Just that simple.

Regardless of weather an animal is in an open or closed range county, where the animal lies is who it belongs too. . . If the animal is your property, shoot them.

I've already been down is road once. . . . And I won

You would pay a huge fine in Mills County and likely spend time in jail.

I have a story on here about that but I'm not sure i should elaborate. Lets just say it involved a truck at high speeds in our pasture. Also, we worked it out later with livestock owner. Oh, and the animal was not killed.

Hardest part of that for some is that "shut up" part. It's usually how people get caught.

some people should not be allowed to leave the city

Yup. Just like the old saying:

"Three can keep a secret if two are dead".

sounds like land deperdation to me. but if you want to keep them out its both of yours fence go talk to them and see if they will split the cost of a new fence with you.

Your are already screwed on Shoot, Shovel, Shutup with all of these postings..And no County makes Laws..or has an Ordinance without direct action by the State Legislature...which is not going to happen...I live in Bandera County which is a Sheep Herders Dream and they regularly shoot any dog on the propertys
owned or leased in years past..I've had Sheep & Goat ranchers ask
me to run Mountain Lions from their property and flocks..but none
were ever willing to pay for my Dogs that their neighbors would shoot if I started a cat..None of the ranches are large enough to
keep a cat on it, if run with hounds...but these guys here still think Bandera County has Ordinances..ect..DD

I saw a post a while back about a guy having a problem with his neighbors goats. He finally asked the goat owner if he would sell them to him. Owner agreed and he paid $200 or something for a bunch of goats. Said he then went out and shot every one of them over the next few days. He said it was the best $200 he ever spent..

kgreer, any updates? Are you sitting in a cell right now?

When it comes to livestock, I'd take the exact opposite approach as I do with wild dogs. Those suggesting you round them up and hand them over to the city are correct.

a. You're not even flirting with breaking any sort of law.
b. The local law enforcement are going to make it very clear to the owner upon retrieval of what is expected.
c. There will be an associated cost that opens the eyes of the owner.

You can also very likely sue in small claims court for the damage done and easily prove it via video. If your neighbor doesn't pay, you can sieze the animals next time they're there and hold them in lieu of until she writes a check.

You need to do everything with the blessing of the local LEs, however. I'd be careful.

Sell guided pig and exotic goat hunts.

Lots of helpful info on this forum

Post*

I believe there is only two counties left in Texas with the open range law. I know Edwards County is one of them, I know this first hand. I do not know the other county, and I got this info from the Edwards County Sheriffs Office.

Edit: forgot to add that if someone shot someone else's cattle or goats in Edwards County; they will spend time in jail and have to pay restitution. Be careful and make sure you know the law in your county.

Blow them away brother.... I've had problems with neighbors before. I wish my solution was as simple as yours.

Have a THF BBQ and we'll help you dispose of the evidence!

It's nice to have a THF member that is up to date on rules and regs. Go LP.

Years ago a goat showed up in my feeder. I asked the landowner if it was his. He no and to shoot it and then call him when it was time to eat. Best cabrito I ever had.

Doesn't sound like an animal problem that you have. It sounds like a people problem. You might get this one cleared up, but as dumb as your neighbor is, another problem will surface.

I don't know about the goats, but I'm pretty sure a loose pig is a feral pig... Choir em!

Choot*

Shoot them and dont worry about it. After the owner of the animals realizes that his herd is depleting, He'll get the idea.

probably not wise to shoot goats, but pigs could be a different story. Might need to check if a "free roaming" pig equals to "feral pig".
Maybe best way to start hog trap on your property and call animal control for pig infestation.
Do you have a large dog? Keep it chained/leashed, with long leash to let them run goats/pigs.
May need to explain that neighboor that pigs are permitted to be hunted any time of the day AND night. And when you hunting pigs at night or under limited visibility condition, you cannot see if it is pink and wears pet collar or yellow/brown feral pig. And goats look like deer does at dusk/dawn, at 100 yards away.

shoot em!

I would check the county laws first. In some counties it is YOUR obligation to fence animals out, and not their obligation to fence them in. If thats the case the only thing you can do is build a fence.

Get in contact with the sheriff. They will tell you what you can and can not do. They may also turn it over to some sort of agency that deals with animals. This is the best way to keep your butt out of trouble.

On one of the places I hunt, there's no livestock and it's really grown up and tempting for the neighbor's cows. Especially since his place is grazed down to nothing. The first time they tore down the fence, I chased them back onto the neighbor's place and patched the fence. A week or so later they tore down a different section of fence and were back. I penned the cows in the lot and called him to come get them. That meant hooking up a trailer and driving over to load them up. About a month later they were back. I penned them again and waited 3 days before I called. BTW - There's no water in the lot. This time he decided to do proper repairs to the fence and I haven't had any recent problems.

I would round up the goats and have a big party. They are good eatin!

Count me in for the BBQ

So, were is the OP? Any updates?

If its pigs just say you thought they were wild. If it was goat catch them and have a video on your game camera of it happening and lock it so the boy won't be able to free them.

I would check with law enforcement first, but in Texas I believe that stray pets get one "free kill" (if even that) chance (as in they can attack livestock one time and the owner of the pets only has to pay for the livestock and agree to keep the stray animals from straying and the owner of the livestock can not shoot the animals) after that one time the owner of the live stock or other animals is free to shoot away

again I would check with law enforcement first, but there was a pretty public case near Dripping Springs where a large winery formerly owned by a well known restauranteur in Austin had a pet dog killed by the neighbors much larger Swiss Mountain dogs on their winery property and the next time it happened (after law enforcement had been called and advised all parties of the laws) the dogs were shot on site on the property and law enforcement was called and the dog owners were told tough luck second strike can equal getting shot and you were warned the first time

goat ropers?

Are your feeders fenced?

Yup! Goat ropers. Given that this part of Texas isn't where the big money people live, there are a lot of people that would love a free goat. Well before I finally bought em and shot em, I offered some guys free goats if they could catch em. Weren't my goats, but I didn't care. I figured if the goats disappeared, the old hermit that owned them would never figure out where they went. So...about 5 trucks showed up, with horse trailers and cowboys. The goats actually watched all of that from a distance, but when the goat ropin cowboys went toward the goats, the goats shot into the thickets, and not one free goat got collected. That's when I went to Plan B, bought the goats for $25 each and shot em. I gotta tell you that there was joy in my heart when I put the crosshairs on goat number 1 and squeezed. Goat number 2 stood up and appeared to say "what the heck is going on?" That lapse in judgement was his last. I think I got 5 of the 8 before they wised up. First shot at 30 yards and last shot at about 300. My goats, by golly! I can shoot em if I want to. And then I had some whiskey. And then I dragged the goats to the back pasture and laid em out for coyotes and pigs and the next day I went to work on those varmints. Man, it was a great week for the food chain. I was grinning, the wife was grinning, the buzzards were grinning.

[quote=603Country]Yup! Goat ropers. Given that this part of Texas isn't where the big money people live, there are a lot of people that would love a free goat. Well before I finally bought em and shot em, I offered some guys free goats if they could catch em. Weren't my goats, but I didn't care. I figured if the goats disappeared, the old hermit that owned them would never figure out where they went. So...about 5 trucks showed up, with horse trailers and cowboys. The goats actually watched all of that from a distance, but when the goat ropin cowboys went toward the goats, the goats shot into the thickets, and not one free goat got collected. That's when I went to Plan B, bought the goats for $25 each and shot em. I gotta tell you that there was joy in my heart when I put the crosshairs on goat number 1 and squeezed. Goat number 2 stood up and appeared to say "what the heck is going on?" That lapse in judgement was his last. I think I got 5 of the 8 before they wised up. First shot at 30 yards and last shot at about 300. My goats, by golly! I can shoot em if I want to. And then I had some whiskey. And then I dragged the goats to the back pasture and laid em out for coyotes and pigs and the next day I went to work on those varmints. Man, it was a great week for the food chain. I was grinning, the wife was grinning, the buzzards were grinning. /quote]

thats some of funniest stuff ive read in a while

Anyone know what the law is in Erath county? We've had about 20 goats killin our feeders for about 9 months. Tried pellet guns and what not.. still keep coming in.

They know how to exploit our feeder pens really well.

Exactly. Better not kill them now.

Regardless of open range status, the owner of livestock is still responsible for damages that his livestock do if they get out. I have been down that road on several occasions. Irresponsible land owner continued to let his cattle graze on surrounding properties (primarily mine), and didn't have any intention on rounding them up or repairing fences. Conversations with him only ended up with the "open range" speech and how it isn't his responsibility to fence them in, it was mine to fence them out. Did quite a bit of research and spoke with county and state agencies (Texas & Southwest Cattle Raisers Association investigator was most helpful). I learned that (regardless of county open range status) the livestock owner is always responsible for damages. First, notify the sheriff as soon as you see the livestock on your property. The sheriff then contacts the livestock owner and requests that the livestock be removed. After being notified, if the livestock is not removed within a "reasonable" amount of time, the sheriff MAY impound the livestock. Additionally, from the time the livestock were first reported on your property, the sheriff MAY impose up to a $25 per head per day grazing fee. The county CAN hold the livestock until the fees are paid to you. If the fees are not paid, the county can auction off the livestock and give you the proceeds. Also, after the first "warning" by the sheriff, fines can be imposed each additional time the livestock are observed outside of the owners land. I should point out, that this was in a county where the open range status is still on the books.
I ran into a bit of trouble along the good ole boys line with the sheriff. He did issue a $500 fine when I reported the livestock the second time, but he didn't want to bother with the hassle of impounding the livestock (even though he acknowledged that he could). Also, since he had known the livestock owner for a long time, he didn't want to impose the grazing fee "just yet."
I did take the guy to court, and despite his open range defense, was awarded a substantial amount for damages to my food plots, pastures, etc.

it is almost Thanksgiving

you need to rent a yellow bus and go to the day labor corner with the promise of free cabrito just for rounding them up

welp i'm here to attest that picking out the largest goat you can find and taking it out with a .243 does not, in fact, solve the goat problem.

just means more corn for the others apparently...

on to something else..

Great info PI. Thanks for posting that.

It was on the ballot last year in Henderson Co. to do away with the open range law.

You can and most likely will be sued for shooting someone else's livestock in Texas. However if you find them on your property you can fence them and feed them. The owner is obligated by law to reimburse you for their care. If he doesn't after 30 days its to the sale barn. I had to do that with a few of the neighbors cows. Different counties have different laws, so go talk to a farm lawyer!

Many property owners either will not or cannot afford to fix their fences for their stock..Shooting livestock can equate to "Rustling", in some cases. Call your local Sheriffs' Ofc and have their animal control ofcr. come out catch them ..he will charge the property owner for them or sell them at auction..and you will have no liability...The pigs must be ear marked to consider them farm animals if free ranging..DD

Not really a livestock problem. This is a people problem. Contact the sheriff and let him handle it.

Do ya really think that calling the sheriff is going to fix your problem with somebody else's goats? Dream on. It didn't work for me. Further, fixing your fence isn't really much help in dealing with goats. Those suckers can jump.

It's been a long time since I laughed this hard reading a THF thread.

A couple of thoughts.

My County was judged to not be open range by the County Judge.

Pen or move your cattle for a couple of days and remove your front gate. The neighbor will quickly repair the fence problem.

It is my understanding that if somebody else's exotic animal strays onto my property, I can't shoot it. I'm talking about fallow deer, etc. I know damn well that I can't shoot my neighbors cows if they tear the fence down 7 days per week.