Welcome to the Legal Forums! Please Register For Free Now!
At the Legal Forums members stay up to date on what is legal, new laws and state laws. Legal Forum members can read about legal definitions, weird laws, legal rights, legal services and law answers.
The Legal Forums have over 30,000+ Legal Forum members and 35,000+ Legal Forum posts! Please register on the Legal Forums for free today! Registration will give you full access to the Legal Forums and takes just a moment to complete. We welcome you to our Legal Forum community! Please Join Us Right Now!
I am getting conflicting reports on Open Range Law in Oklahoma and would like to know the truth. Is Oklahoma an open range state, or is it not? And if so, what exactly is the law concerning motorists hitting cows, i.e. just who is liable, the rancher or the motorist. Any help would be appreciated.
Here is the info I have found so far.
OKLAHOMA DEPARTMENT OF AGRICULTURE
POLICY AND PROCEDURES
2.11 Open Range Information
Oklahoma is not an open range state. 4 O.S. § 98 2000 Supp. states that all
domestic animals shall be restrained from running at large in the State of
Oklahoma. The definition of “domestic animals” includes “cattle, horses, swine,
sheep, goats, exotic livestock and all other animals not considered wild,” but doesnot include domestic house pets or feral hogs. This law went into effect onJanuary 1, 1966. The entire text of Oklahoma’s Herd Law is contained in ChapterV of this policy.
2.12 2.12 Animals at Large & Vehicle Accident Information
In 1972, the Oklahoma Supreme Court stated that a person who strikes an animalat large must prove that the animal’s owner either intentionally let the animal loose or that the owner’s negligence allowed the animal to escape. The Court also stated that the fact that an animal is on the highway does not raise a presumption of negligence but that negligence must be shown by the facts and circumstances of the case. This ruling has been upheld in other Oklahoma Supreme Court cases.
There are currently 1 users browsing this thread. (0 members and 1 guests)