I don't have legal citations but I do own two properties in AZ and both have addendums to the deed which states I must erect a fence if I choose to keep other's cattle off my property. Even goes to the extent of specifying the fence must be at least 4 strand wire with the top strand no lower than 42 inches, bottom strand no higher than 14 inches, or equivalent, and capable of keeping cattle out. Gives credence to the claim of graze being rez nullius, otherwise why put the onus on the landowner not the cattle owner? I can't speak for the rest of the states in the west, but in AZ the state has always been open range, going back to the days before the territory became a state. The BLM is a relatively recent creation in the history of our state and the way the BLM is operated today is a very recent change. Prior to being called the Bureau of Land Management, the organization was in fact named the United States Grazing Service. Things have certainly changed in the way our government operates and in particular, the BLM, but the ranchers in AZ still remember what it was intended to be and the set of information they used when purchasing their ranches and entering the cattle business. Sad they are being forced out of business and into bankruptcy by an agency formed to protect their rights. Even sadder that some of their fellow citizens ridicule their way of life and cheer when families are suffering.
"You can fly a helicopter to the top of Everest and say you've been there. The problem with that is you were an asshole when you started and you're still an asshole when you get back. Its the climb that makes you a different person".
- Yvon Chouinard
NM is still open range.
Do not know about other western states now,but most were part of NM Territory at one time.TX too.
Fencing out is how you keep others free range cattle out and is very expensive now. $5k per mi ave here.
A rancher buddy just had to replace 4 mi of fence between his deeded lands and a chunk of state land he had the lease on for many years,til last year. Never bothered to keep fence up when it was his lease & connected to a big chunk of BLM he grazes that he only pays fees on 2 sections of. Now a big company bought the giant GW ranch with a huge stack of BLM & state leases in the sale and has been collecting even more BLM & state leases,repairing some fences & letting others go to their benefit.
He gripes about the GW some but knows it works both ways still any ways.
Pays $8 per head per mo to me to graze ,maybe $2 for BLM and most likely less on the State Trust Lands.
Still hates the gubberment,loves the Bundies & St Vinnie. Is all for sale & transfer of public lands. Actually thinks he will retain lands he never owned,let alone buy more when it happens.
Now I do not ridicule the "Way of Life" here,hell I am living it in many ways . My access to open space included.
Dry farming used to be a way of life here too,but times change. As does the cost of doing business.
I could not expect to be a successful woodworker/furnituremaker here, anymore than my buddy and the local cattlemen could be successful at the same in TX,CA,MT.IMHO
I do believe in wise sustainable use of public lands. There is a cost to said use that does not get paid in full by many.
It is welfare.
And Slow Elk Seasons are in what I see for a future in NM too.
Can't wait to see the Diamond Ranch Estates, Golden Towers Casino,Platinum Petroleum,Uranus Uranium coming soon to NV & on Bundy style BLM land near you....
How's that "Way of Life" looking now?