ely eliminated some aspects of the open range doctrine altogether, though stating that it still applied in other cases, and required legislative action to update the state's statutes to ameliorate some inconsistent provisions of the decision. In that decision, the Court overturned a 33 year old precedent that had exempted livestock owners from most liability for wandering stock on roadways (other than certain state and federal highways built with federal funds), holding there was "no duty" to motorists under open range doctrine, in Larson-Murphy v. Steiner', the Court held that there was a relationship between livestock owners and motorists on public roads, allowing motorists a cause of action for accidents involving wandering livestock on grounds of negligence. The Montana legislature then amended the statutes governing the open range to allow motorists to sue only on grounds of gross negligence or intentional misconduct.
On roads in Idaho, an open-range state, livestock have the right of way: if an animal is hit and killed by a vehicle, the driver is liable for the price of the animal and for the repair for the damage to the vehicle. Idaho counties can and have created herd districts, which require livestock owners to "build and maintain adequate fences to keep their animals off roads and neighboring properties"; in herd districts, the livestock owner is liable.
|Wikimedia Commons has media related to Open range.|
Waiting for a Chinook, by C.M. Russell. Overgrazing and harsh winters were factors that brought an end to the age of the open range.
Cowboys branding a calf in South Dakota in 1888.
Loose cattle on Utah State Route 313
- Agricultural fencing
- Cattle drives in the United States
- Common land
- Drift fence
- Enclosure (England)
- History of agriculture in the United States
- Range war
- Sheep Wars
- Matthews, Mychel (October 30, 2014). "Herd Districts Protect Drivers in an Open Range State". Twin Falls Times-News. Retrieved 2014-10-30.
- Gordon Morris Bakken (ed.), "Law in the western United States", 2000, ISBN 0-8061-3215-9, Chapter 3, "Open Range Law in the American West", by Roy H. Andes
- MacLachlan, Ian (2006). "The Historical Development of Cattle Production in Canada". University of Lethbridge. hdl:10133/303.
- Sluyter The Role of Black Barbudans in the Establishment of Open-Range Cattle Herding in the Colonial Caribbean and South Carolina, Andrew (2009). Journal of Historical Geography 35 (2): 330–49. doi:10.1016/j.jhg.2008.08.003. Missing or empty
- Potter, Amy E.; Sluyter, Andrew (2010). "Renegotiating Barbuda's Commons: Recent Changes in Barbudan Open-Range Cattle Herding". Journal of Cultural Geography 27 (2): 129–50. doi:10.1080/08873631.2010.494404.
- Malone, John William. An Album of the American Cowboy. New York: Franklin Watts, Inc., 1971. SBN: 531-01512-2, p. 76
- Anderson, Terry Lee and Leal, Donald (2001). Free Market Environmentalism. 0-312-23503-8. pp. 30–31.
- Malone, John William. An Album of the American Cowboy. New York: Franklin Watts, Inc., 1971. SBN: 531-01512-2. p. 79.
- Malone, Michael P., and Richard B. Roeder. Montana: A History of Two Centuries. University of Washington Press; Revised edition, 1991. ISBN 0-295-97129-0, ISBN 978-0-295-97129-2.
- "Arizona Rethinking Open Range Laws", by Marc Lacey, New York Times, October 11, 2010
- Larson-Murphy v. Steiner, Google Scholar