how would you handle (cows)

[at1010]

Well as I put in endless amount of time at the family property to improve it, I continue to deal with the guy cattle getting out. They shit everywhere, tear up the yard, food plots, etc.

The sheriff has been called by all the neighbors and the guy is actually going to jail for 10 days, thats how bad this has gotten. The sheriff basically told me that due to Ohio revised code be so outdated there is not a lot he can do other than serve him papers to go to court and do small stints in jail. He hopes that will make him get rid of the cows.

So my question to you all, how would you handle this? I am getting to the point I am debating about selling the damn place......

 

[bowhunter1023]

Sounds like a good chance to fill the freezer. And queue Swantucky... rotflmao

 

[Mike]

Sounds like a good chance to fill the freezer. And queue Swantucky... rotflmao

Damn right.

 

[Bigcountry40]

Give me a little bit of background info, how often, where do you live, how long has the farm been there, has a development grew around him and how often do they get out?
I come from a dairy farm family, we averaged cows getting out 4 times a year probably and the neighbors who have no sympathy for the farm, even though its been there 100 years before the houses came in. We once had neighbor call about the cows mooing to much.

I will assume this guy is an complete drunk asshole, who has s junky farm.

 

["J"]

You know where they're coming in from? Shitty side of the fence? String a strand or two of electric fence too protect your interest.... Since he doesn't give a shit, probably the only answer other than whipping his ass every time they get out.... But then you'll have to deal with that stint in jail....

 

[bowhunter1023]

Here's how I would handle it: You've obviously been seriously inconvenienced and have exhausted your legal methods of dealing with it. At this point, country law takes over. Next time one gets loose, schedule a butchering party, put some beef in the freezer and an ear tag in his mailbox with a gift card to Tractor Supply for $25 and write "fencing materials" on it...

 

[Bigslam51]

I'd butcher one.

 

["J"]

Give me a little bit of background info, how often, where do you live, how long has the farm been there, has a development grew around him and how often do they get out?
I come from a dairy farm family, we averaged cows getting out 4 times a year probably and the neighbors who have no sympathy for the farm, even though its been there 100 years before the houses came in. We once had neighbor call about the cows mooing to much.

Had a friend who's farm has been in existence for decades and then houses popped up all around him as the the other farms were broken up into parcels... City folks getting back too nature and all.... They were complaining about the cows mooing and the smell of the manure spreader lmao....

 

[bowhunter1023]

Here's how I would handle it: You've obviously been seriously inconvenienced and have exhausted your legal methods of dealing with it. At this point, country law takes over. Next time one gets loose, schedule a butchering party, put some beef in the freezer and an ear tag in his mailbox with a gift card to Tractor Supply for $25 and write "fencing materials" on it...

BTW and FWIW, we raise cattle and I'm all about farming. That said, I love dogs and have killed a few for running deer. Sometimes you just have to do what you have to do.

 

[at1010]

Give me a little bit of background info, how often, where do you live, how long has the farm been there, has a development grew around him and how often do they get out?
I come from a dairy farm family, we averaged cows getting out 4 times a year probably and the neighbors who have no sympathy for the farm, even though its been there 100 years before the houses came in. We once had neighbor call about the cows mooing to much.

I will assume this guy is an complete drunk asshole, who has s junky farm.

Good points. Here is the breakdown
1. This is in RURAL noble county
2. This guy owns 60 acres I think, maybe less. Has an old double wide back where the dirt road ends. He has about 150 old broke down cars in the "pasture"
3. It is so bad back there the sheriff deputy from Caldwell Ohio, said "damn that is some deliverance shit back in there"
4. He has like 4 cows, fences are all torn down and never been mended.
5. BTW he is an absentee landowner - lives in Wooster Ohio
6. He drops hay off and thinks that'll keep the cows in the pen, it works for a day or two but then they are out again. They will be out until he comes back down to the place and drops more hay off.
7. He is about half a mile away from my place, maybe less

We have a lot of cattle farmers around us, and I am sure that if the had their cows out, they would be on it quick! They keep their fences in good shape, and when this guy sold his cows the first time we didn't have any issues for months. Then he bought more and the issue starts over again.

 

[at1010]

The cows have wrecked about 3 of my neighbors feeders beyond repair, I have been lucky this year. They did break a boss buck feeder one year of mine.

They get out and in a night a couple cows will eat an entire food plot down. This has been going off and on since we owned the place. Some year there have been no issues and other years its been horrible.

 

[Milo]

Humane society seriously. If they aren't Being looked over then they can sieze them

 

[at1010]

Humane society seriously. If they aren't Being looked over then they can sieze them

I thought of this, and I was told that the human society doesn't cover Noble County?

Someone did come and get horses ASAP! Idk why the cows won't be taken as quickly.

 

[Ohiosam]

I'm surrounded by 4 dairy farms, between them there's probably 600 cows. Over the years only one has regularly had cows get out, just happened to be the wealthiest of the 4. Cheap bastard only would run a single strand of electric. His grandson runs the place now and just put up a 5 strand high tensile fence so there should seldom be a problem.

You need to start sending him bills for damage and clean up. Charge a reasonable hourly rate of $25 per hour plus materials for repairs, don't forget to charge a fair rate for any equipment used too. If he don't pay take him to small claims court.

 

[Bigcountry40]

I figured he was an asshole junk farmer who neglects his animals, I would seriously take one of the steers next time it is on your property and have it butchered. Prolly won't be worth a shit since they are malnourished.

 

[finelyshedded]

The court system needs to step in and give the POS a court order to have the damn things sold since he's been proven and or has a history of not being fit for taking care of them and his farm! Just my opinion...

 

[5Cent]

I would think wondering into a road would be hazardous for their health. It would be a shame you had to put one down so it did not suffer on the side of the road.....

 

[Jackalope]

.


So you have a couple of legal options. Sue his ass each and every time the animals cause damage.

971.18 Negligently permitting livestock to run at large.
An owner of livestock who negligently permits the livestock to run at large out of the livestock's enclosure is liable for all damages resulting from injury, death, or loss to person or property caused by the livestock on the premises of another.

Amended by 129th General AssemblyFile No.26, HB 22, §1, eff. 9/23/2011.

Effective Date: 2008 HB323 09-30-2008

Kill them and pay restitution less damages. If you can prove the cattle caused more damage that their value, you won't pay a dime. In fact if they cause more damage than their value you can still sue.. Lets say it cost you $2,000 to put in a food plot. His cows get out and destroy it. His 4 cows are worth $400 each for a total of $1,600. The judge will find that the damages exceed the value and return your 1,600 deposit. Plus he is still civilly liable for the 2k in damages. Since this is a recreational property use for hunting a lawyer could also argue damages include any payments, taxes, and insurance you pay is included in the damages as it's damaged the intended use of the property.

959.04 Trespassing animals.
Sections 959.02 and 959.03 of the Revised Code do not extend to a person killing or injuring an animal or attempting to do so while endeavoring to prevent it from trespassing upon his enclosure, or while it is so trespassing, or while driving it away from his premises; provided within fifteen days thereafter, payment is made for damages done to such animal by such killing or injuring, less the actual amount of damage done by such animal while so trespassing, or a sufficient sum of money is deposited with the nearest judge of a county court or judge of a municipal court having jurisdiction within such time to cover such damages. Such deposit shall remain in the custody of such judge until there is a determination of the damages resulting from such killing or injury and from such trespass. Such judge and his bondsmen shall be responsible for the safekeeping of such money and for the payment thereof as for money collected upon a judgment.

Here is 959.02 and 959.03 mentioned above.

959.02 Injuring animals.
No person shall maliciously, or willfully, and without the consent of the owner, kill or injure a horse, mare, foal, filly, jack, mule, sheep, goat, cow, steer, bull, heifer, ass, ox, swine, dog, cat, or other domestic animal that is the property of another. This section does not apply to a licensed veterinarian acting in an official capacity.

959.03 Poisoning animals.
No person shall maliciously, or willfully and without the consent of the owner, administer poison, except a licensed veterinarian acting in such capacity, to a horse, mare, foal, filly, jack, mule, sheep, goat, cow, steer, bull, heifer, ass, ox, swine, dog, cat, poultry, or any other domestic animal that is the property of another; and no person shall, willfully and without the consent of the owner, place any poisoned food where it may be easily found and eaten by any of such animals, either upon his own lands or the lands of another.

Or... You can let county law rule.. Shoot the damn things and deny the hell out of it.. The law can't prosecute anything they can't prove, and he won't win any civil suit he can't prove.. Take the wife on a weekend trip and have a trusted friend go shoot them. tresspassers do the damnedest things. Odds are local law enforcement is tired of dealing with this and won't lift a finger.. Not advocating that. Just giving options.

 

[at1010]

Thank you all for the tips. I know the one guy who lives there permanently has taken him to court a few times. I think jail time will be helpful but it isn't his first time going to jail I don't think. He used to have an old guy who lived back there and he watched the cows, he died last year so now its a free for all.

Joe- I like the idea of small claims court. Between myself and the other guy we could sue him for 1000s of dollars.

PS: I have a bunch of other cattle farms around me. IDK how many head but they own 1000s of acres, never once had them get out.

Id like to just buy the land from the guy, IDK how the fugg Id get rid of all the old cars! haha

 

[Spencie]

I'm guessing "Country Law" is the only way you will get anything out of this guy. But then you have the retaliation factor to deal with if you are unable to keep it covert.

On a lighter note...this bruiser found my summer feeding station a few years back. Sometimes barriers are not enough. He could walk right through any fence he wanted too.