#22925 Mar 1, 2013
Purple paint began being used in Arkansas in 1989 as a way for property owners to notify the public of private land. In 1997, Texas agencies began considering the idea. Lieutenant Game Warden Lewis Rather, in Lubbock, said the public was responsible for the integration of 'purple paint' law in Texas.
"Ranchers all across the state (were) contacting their state representatives and stating that they were having problems with getting trespass cases filed because signs were torn down and fences were cut; thus, rendering the property not properly posted," said Rather.
Arkansas, Missouri, and Kansas use purple paint as "no trespassing" notification, but at least 10 other states use colors from orange to lime green.
"The presence of purple paint is very identifiable and unique and that is why that color was decided upon," explained Rather.
In Texas, the law (HB 793) took effect in September of 1997, under the Texas Penal Code 30.05 Criminal Trespass, section 1, subsection D. The law requires that the purple paint markings must be vertical, at least eight-inches long and one-inch wide. The bottom of the mark should be between three and five feet above the ground. The markings can be no more than 100 feet apart in timberland and 1,000 feet apart on open land, and must be in a place visible by those approaching the property.
Since the implementation of the law, many people have come to use the paint on their property.
"A 'No trespassing' sign may be shot up or taken down and a fence may be cut, but a post or tree marked with purple paint is not as easily removed, therefore causing your property to be legally posted more effectively and for a longer period of time before the markings need to be replaced," said Rather.
He added that the use of purple paint appears to be a successful measure in notifying potential trespassers.
"Complaints received are down as far as trespassing on property marked with purple paint."
Trespassing occurs after a person has been notified that the property is off-limits, but remains on the property (this excludes emergency workers performing their duties). There are five ways to notify the public that trespassing is not permitted: through verbal or written notification, fencing and similar enclosures, signs posted on the property that are visible by the public, visible presence of crops, and using purple paint to post the property.
According to Rather, those who still insists on trespassing do so for a variety of reasons.
"They are usually trespassing to either fish in a stock tank on private property or do so right after they have shot a deer on private property and they are in the process of retrieving it," said Rather.
Trespassing is a Class B misdemeanor in Texas, unless the intruder is carrying a firearm, which stands as Class A misdemeanor. Both are punishable by fines and imprisonment.
Purple paint should be taken seriously. As with other posted land, do not enter land marked with purple paint. Contact the landowner if for some reason you must enter the property.
If your property is marked with purple paint and a person trespasses, you may contact the appropriate authorities including your local sheriff's office or the the game warden's office. If you believe the person is poaching on your property, contact operation game thief at 1-800-792-GAME (4263).
#22926 Mar 1, 2013
§ 20-19-102. Domesticated animals--Injuries by dogs
(a)(1)“Domesticated animals” includes, but is not limited to, sheep, goats, cattle, swine, and poultry.
(2) Any person owning or having in possession or under control any dog shall be liable in damages to the owner or owners of any domesticated animals killed or injured by the dog in the full value of the domesticated animal killed or injured.
(b)(1) Any person engaged in raising domesticated animals or owning any domesticated animals who shall sustain any loss or damages to his or her or their domesticated animals by any dog shall have a right of action against the owner, person, or controller of the dog.
(2) Any person knowing that any dog has killed or is about to catch, injure, or kill any domesticated animal shall have the right to kill the dog, without in any way being liable to the owner of the dog in any courts of this state.
(c) The person sustaining loss or damage as mentioned in this section and desiring remuneration therefor may go before some justice of the peace of the county wherein the loss or damage occurred and make oath of the character of the loss or damage sustained, the value of the loss or damage, the dog or dogs, and the owner, possessor, or controller of the dog and file the same with the justice of the peace, who shall issue a summons stating the nature of the plaintiff's claim, the amount claimed, and the cost accrued, which shall be served and returned as in ordinary actions.
(d)(1) If the defendant shall pay to the officer serving the summons the amount of damages claimed, the costs endorsed, and a further fee to the officer of twenty-five cents (25˘) for making the return, the summons shall be returned satisfied, and no further proceedings had.
(2) If the defendant fails, neglects, or refuses to pay that amount, the justice of the peace shall try the cause as in other ordinary actions and give judgment in favor of the plaintiff for the amount proved in the cause, for which the defendant may be liable under this section.
(e) In a second suit and recovery by any plaintiff against the same defendant on account of killing or injury done by the same dog, the justice of the peace shall render judgment for double the amount of damages proven.
Acts of 1887, Act 136,§§ 1 to 4, p. 235; Acts of 1917, Act 155,§§ 1, 2; Acts of 1987, Act 393,§§ 1, 2.
------ look a 2 see the words about too.
#22927 Mar 1, 2013
Dogs Running at Large
Most statutes do not allow a farmer to shoot dogs that are merely running loose (at large). A North Dakota rancher, who shot a neighbor's greyhound after it ran through his cattle herd without particularly disturbing the cattle, was not protected by the state statute, which allows killing a dog only if it is "worrying" livestock. The rancher had to pay $300 to the dog's owner.(Trautman v. Day, 273 N.W.2d 712 (N.D. 1979).
Some states, however, allow farmers to shoot any dog that is, in the words of the Indiana statute, "roaming over the country unattended." Under this statute, an appeals court upheld the right of a farmer to shoot dogs he said were trying to get into his chicken pen in the middle of the night.(Puckett v. Miller, 381 N.E.2d 1087 (Ind. App. 1978).) The dogs, two coonhounds, had been hunting with their owner but got separated from him in a heavy rainstorm about 2 a.m.(For the uninitiated, raccoon hunting is done at night.) Under the relatively severe Indiana law, it made no difference that the dogs were bothering the chickens; their hours were numbered as soon as they got away from their master.
If you lose a dog to a trigger-happy farmer, in most instances, there is absolutely no way to prove that it wasn't doing what the farmer or rancher who shot it says it was doing. The only other witness is likely to be the dog, and it isn't talking. So the lesson is simple: If you live in a rural area or close to one, NEVER let your dog run loose off your property. Farmers may shoot first and ask questions later, if at all.---- I really got a kick out of the statement (If you lose a dog to atrigger happy farmer , in most instances the only other witness is the dog and he isnt talking? Like if fido recovered they cold get him on the stand to testify!
#22928 Mar 1, 2013
Yea product of ark public schools I apparently cant multiply in my head. should be $7000.
#22929 Mar 1, 2013
Hwy 56 is close or maybe Im lying?
#22930 Mar 1, 2013
Here is what the law says.
PS if you don't have it posted then you can have a hard time defending against trespassers.
Thanks for further describing your place, now I can look for a ugly yellow bellied old man who has his Jenney stump broke.
Going to be selling that truck or is it being repoed by the company?
here you go
You owe much less to a trespasser,“Basically, the landowner must refrain from injuring the trespasser intentionally, maliciously or through gross negligence. This rule applies to all people, whether or not they are citizens of the U.S.” Generally, warning trespassers of a condition that can cause serious bodily harm relieves you of liability.
(that means those hooks you have injure a trespasser you ass is in trouble)
Avoid an Armed Confrontation
“The law prohibits the landowner from willfully or wantonly injuring a trespasser"
Gee Ogletree, a Jackson, Miss.–based attorney with Adams and Reese LLP, specializes in real estate and forestry law and has conducted workshops on liability in Alabama,Arkansas, Louisiana, Mississippi and Texas. He strongly advises against facing trespassers with a firearm.
“You have a right to defend yourself and your property using appropriate force commensurate with the threat, but I never advise people to perform a citizen’s arrest,” he says.“You don’t want to hold people at gunpoint. If they’re hunters, they probably have guns themselves. It’s best to calmly ask people to unload their weapons and leave.”
Use Common Sense to Protect Property
As Ogletree says, it all boils down to responsible behavior and common sense. You can’t stretch a cable to stop someone who drives a boat across your stream, for example, and you should not allow pesticide or herbicide sprayers to mix chemicals or dump empty containers on your property.
Ogletree and Fambrough agree that firefighters and emergency medical services personnel performing official duties are not considered trespassers. The same typically applies to government and utility workers.
Attractive Nuisance Laws protect trespassing children in many states. An attractive nuisance exists when the child is too young to appreciate a dangerous condition, or if you knew about a dangerous condition that children may frequent. You must also balance the cost of eliminating the condition against the probability of injury.
Now Lets hope for every ones sake that you get your head out of your ass and remove those hooks.
Also The hunting season for coyotes ended on Feb 28th.
I know the trespassing laws better than you do , also those fish and game boys won't arrest someone who is unarmed walking across your property.
Now if one of your animals injures them then you are in for a lawsuit .
Hope you have insurance because you will need it.
#22931 Mar 1, 2013
How do you deal with neighbors' dogs?- Farm Life Forum - GardenWeb
#22932 Mar 1, 2013
Your full of it Arkansas has a law that states a landowner doesnt owe a care of duty to a tresspasser. A tresspasser is prevented from sueing a property owner. If your tresspassing and my billy goat attacks you and you break a leg or are injured you cannott sue. but you will be arrested for tresspassing. To get someone arrested for tresspssing you simply go to the prosecuting attorney and file a complaint. you will know my place by the purple paint on all the post and electric poles.
#22934 Mar 2, 2013
Listen Perry Mason you should really research the law before you attempt to spout it in a topix courtroom! LOL!
#22935 Mar 2, 2013
Well there Gomer Pyle that was a mouth full for such an angry little fellow. I would be really worried about hunting coyotes in Virginia, if I lived in Virginia but seeing how I don't I think I won't worry too much! When I was in High School I would have chewed you up and spit you out. I used to charge mouthy little guys like you a nickel a day just to breathe my air. I served my country for nearly three decades in a capacity you don't want to know about and women and children should never hear about so dealing with a little pip squeek like you means no more to me than a coyote dropping to the ground at 200+ yards!
#22936 Mar 2, 2013
I stock up on fish antibiotics. They are cheap, you don't need a prescription and they are the same thing you get from the doctors!
#22937 Mar 2, 2013
I shot her in my back yard.
#22938 Mar 2, 2013
You were that little fairy that was always getting butt bumped in the bathroom stalls right so you charged a nickel for every blow job you gave.
so you admit you enjoy breaking the law since you didn't have a license? How many times have you been hauled off to jail?
Don't love you love to brag about being able to eat the draft because you had an anal fistula and the military would take Gay boys like you?
I bet you like those bubbas that New Mexico has in jail and that is why they call you "Jail tail".
Three decades? tell you what I bet you never spent one day in the military maybe 3 decades serving as a fry cook.
So please tell us that capacity you served Mexico?
Were you one of those smugglers of children that were sold?
Did You let those poor Mexicans die in the desert?
You are 100% fake.
#22939 Mar 2, 2013
I know the law better than you do, since you admit to using illegal traps a Fish and wild life officer can enter your property with out a warrant to search for them and You don't have a legal leg to stand on if some child is injured by you.
There is such a thing as Malicious conduct and that activity doesn't give you any protection.
Does your wife know about all those hookers you paid at the truck stops?
#22940 Mar 2, 2013
WOW! You really are an angry little felllow. You should slow down just a little before your fat ass has a heart attack. Slowing down would also allow you to compose a thought, put it down in the little box and proof read it before you hit the post comment button. That is if you want people to understand what you are saying and not look so stupid. Because right now you are really looking like an idiot. Were you one of those Nancy Boys you speak of when you were younger? I don't break the law, I kill coyotes, perfectly legal here dumb ass. You crack me up, I wish you would come out here so I could fold you up like an old used lawn chair!
#22941 Mar 2, 2013
Why so angry tinkerbell. Did you get a fish hook up your ass when you were a kid while tresspassing?
#22942 Mar 2, 2013
UR dumber than dirt, you keep sling'n mud you'll run out of dirt
#22943 Mar 2, 2013
First time ever I've had to pay in taxes. Time to get that white power back
#22944 Mar 2, 2013
trespassing is illegal and immoral
ALL trespassers should be shot and any survivors prosecuted.
People shouldn't have to post their property. You filthy scumbags know you are on somebody else's property and you know you don't have any damned right to be there.
STAY THE HELL OFF MY LAND OR PAY THE PRICE
#22945 Mar 2, 2013
Those found here at night...will be found here in the morning.
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