Phoenix, AZ asked in Uncategorized for Arizona

Q: In az if a cow enters my property and damages property and eats my hay, what recorse do I have?

The owner of the cow, is allowed to use federal/state land to graze on. My property butt's up agenst both state and federal lands. I've heard lethal force is allowed if damages are accrued?

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1 Lawyer Answer
James L. Arrasmith
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A: If a cow enters your property in Arizona and causes damage, you generally have the right to seek compensation from the owner of the cow. Arizona is a "fence-out" state, meaning landowners are responsible for fencing their property to prevent livestock from entering. However, if the cow repeatedly enters your property and the owner has been notified, you may have additional grounds for action.

You can contact local law enforcement or animal control to report the incident and seek assistance in handling the situation. If the damage is significant, you may also consider filing a civil claim for damages against the cow's owner. Keeping a detailed record of damages and any communication with the owner can strengthen your case.

While some states allow more aggressive actions to protect property, using lethal force on the cow is typically not recommended and could lead to legal issues. It is important to check local regulations and speak with a legal expert to understand your rights and the best course of action for your specific situation. Taking steps to reinforce your fencing and establishing clear communication with the cow's owner can help prevent future incidents.

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