摘要:Conflicts between persons engaged in animal husbandry and their neighbors havegiven legislative bodies many challenges in responding to competing equities. Oneset of rules has concerned the enclosure of domestic livestock, and legislative bodieshave adopted assorted fence rules to resolve competing interests associated withgrazing by domestic animals. Alternative fence-out legislation still exists in somejurisdictions for open range and very rural areas. Under fence-out legislation,ranchers do not have to build fences to confine their animals; rather, persons whowant to keep out stray livestock have the burden of putting up a fence. Economistshave given considerable attention to the externalities posed by livestock and theeconomic consequences of fence-in and fence-out rules, but have not considered theentire spectrum of scientific knowledge regarding the selection of a preferred rule. This paper addresses recent agro-research strategies and the comparison of propertyversus liability rule protection.
关键词:due process; entitlements; fence law; open range; property rights