Arizona Open Range Cattle Have Right of Way,
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| Open range signs along Arizona's roads warn drivers of the presence of cattle |
For those who grew up in cities and then moved to the rural areas of Arizona, it can come as a surprise to learn that cattle owners do not have to fence in their livestock.
So, if you don't want cows munching in your vegetable patch, it's up to you to fence them out.
Also, it is unlawful for pets to harass, wound or kill livestock or wildlife.
Driving on Arizona Open Range Lands
What does the Arizona open range law mean for Arizona drivers?Essentially, it means "you broke it, you bought it."
That is, if you hit a cow on a road in Arizona, it's your fault.
Arizona open range law requires that motorists watch for livestock on all roadways at all times.
If you kill livestock in Arizona, you are liable to the owner to compensate for damages.
While cattle owners owe a "duty of ordinary care" to motorists, that duty is legally measured "in light of apparent risk."
That means that just because there is a paved public road running through the area where a rancher is grazing his cows, he or she does not have to fence the land to keep the cows from wandering on to it.
Occasionally, there are circumstances that might be considered to unnecessarily endanger motorists.
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| A cow grazing by the side of the road in Santa Cruz County, Arizona |
For example, if the rancher placed a water tank on the opposite side of the road from where the cows grazed, thereby “encouraging” them to cross the road.
If you’re vacationing in Arizona, you're not going to be seeing any cows as you drive through the middle of Phoenix, Scottsdale or Tucson, even during rodeo week.
However, much of the land in rural Arizona is not fenced.
Drive the highways of Cochise, Yavapai, Santa Cruz, Gila and Greenlee Counties, among others, and you'll see cattle congregating or grazing by the side of the road.
So, be prepared before you travel Arizona’s rural roads…
Arizona Open Range Driving Safety Tips
- When driving around Arizona, always keep a watch out for cattle. Even if you haven't seen any doesn't mean that they aren't there.
- Look for the open range signs. They are commonly posted and warn about the presence of cattle.
- Many cow-vehicle collisions happen at night. Be extra cautious during nighttime driving and drive slower.
- If you are unfortunate enough to end up in a cow-vehicle collision, you can contact the County Board of Supervisors for the location where the accident occurred to see if you have any legal recourse. The County Board of Supervisors is the entity that designates whether or not an area is a “No Fence District.” If an area is not within a No-Fence District, it is open range.
- Check the Arizona Department of Agriculture’s Revised Statutes, Title 3, Article 8 (No-Fence Districts) for more information before bringing a livestock-collision dispute. There are nine separate statutes that make up the "open range" laws of the state.
Sources: Arizona Department of Agriculture, Arizona State Land Department, Arizona State Legislature, University of Arizona Agriculture Network Information Center
Note to the Reader: This page is intended for informational purposes only. It is not a substitute for professional legal advice.
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