™ ® August 2012
Volume 69, No. 7
Fences, Railroads and Cattle
by Chad Smith, Senior Director, Government Relations time a bred cow is killed. He figures the sides of their said railroad, or the New Mexico became home to that: part thereof so open for use, suitably railroads in 1878. Railroads back Loss of calf for current year and amply sufficient to prevent cattle, then were welcomed as a sign of $605 horses, sheep, mules, burros and hogs progress and growth. There are two Retained heifer that could have sold from getting on the said railroad. If major rail lines crossing New Mexico $605 any railroad shall fail to construct and transporting interstate commerce; Lost income until replacement calves Union Pacific and Burlington Northern maintain such fences and cattle guards $1,210 as herein directed, such railroad shall amongst several narrow gauge and be liable to the owner for all damages recreational railroads. Travel any of It takes a long time to recover from resulting from injury or death caused the major highways in New Mexico and you can almost guarantee that you to any such livestock. A sufficient and a $2,400 loss, especially if several cows are killed at once. This was the suitable fence is defined and declared will see a train. to be a fence at least four and one-half situation faced by Liane Carr, Carr While we continue to welcome Cattle Company in McKinley County. feet high, constructed of posts and those rail lines and support progress In November 2010, she lost 14 wire, the top wire to be four and oneand commerce, we also want the bred cows on BNSF tracks where the half feet above the ground and shall railroads to support New Mexico, fence was in disrepair. respect our state and “Railroads and ranchers our livelihoods and are essential to New be good neighbors. Mexico, they need Farmers and Ranchers to work together are good people, the to effectively and type of people that efficiently use the land. welcome you into their The minimum expected home, feed you and of the railroad should be treat you like family. to secure their property Good people that just to protect the welfare of want to get along with animals and humans.” the way of life that they There have been have chosen and make several bills introduced a true honest living at in the State Legislature something they love over the past couple to do. Who would of years that just seem have ever thought that to not have enough a railroad would ever steam, no pun intended! create a burden on our On July 25, 2012, lives? I mean after all Cattle killed by the BNSF railroad at the Red Cliffs Ranch, 2010 NMF&LB’s President when rail travel first photo courtesy of DeLaRosa Ranching Mike White and New began it was a big part Mexico Cattle Growers’ of ranchers and farmers have at least four wires upon posts not Association President Rex Wilson lives. Well times have changed and wrote a letter to the BNSF reminding railroads have grown and seem to have exceeding twenty feet apart. them of their fencing obligation. However for many years now we forgotten how to be good neighbors. BNSF had previously stated that they are finding that the fences are being Here in New Mexico many of our would provide the fencing material but neglected. Ranchers are losing cattle farms and ranches share the land would not provide the labor. White at alarming rates each year due to the with the railroads, and while we try and Wilson unequivocally stated that negligence of the railroads and this to be good neighbors we seem to find this policy is unacceptable and “Does is simply unacceptable. As ranchers ourselves being bullied. not coincide with current statute, know, the loss of production from Railroads in New Mexico therefore we are requesting that BNSF one cow who has died on the tracks are responsible for erecting and abide by the law and simply repair and is enormous. According to Dr. Nick maintaining their fences according to Ashcroft, NMSU’s Extension Range State statute 77-16-16 which states continued on pg 4, see Railroads Specialist, it impacts the rancher’s “Every railroad in this state… shall erect and thereafter maintain fences on bottom line by about $2,420 every