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AZ Open Range Law Is Not Just One Law

By
Real Estate Agent with Dirt Road Real Estate SA676002000

In AZ, is an open range state. What this means is that livestock, cows, can roam freely in the rural countryside unless there are legal fences in place (ARS3-1426). There is not one specific Arizona law for open range, but rather a collection of nine state statues pertaining to livestock and fences. (Arizona Revised Statues Title 3, Chapter 11, Article 7) NOTE: I counted more than nine as listed below:

  1. 3-1401 – Stray animals defined as livestock, bison or ratites (large birds like ostrich)
  2. 3-1402 (A.B.C.D.E.F.) – Holding and sale of stray livestock; repossession; non liability of state
  3. 3-1403 (A.B.) – Report by livestock officer or inspector; preliminary disposition of proceeds of sales; stray fund
  4. 3-1404 – Payment of proceeds of sale to owner; final disposition of proceeds
  5. 3-1421 (A.B.) - Foundation for Open Range Land
  6. 3-1422 – Publication of order forming no-fence district
  7. 3-1423 – Designation of stock driveway
  8. 3-1424 – Civil and criminal liability of person allowing stock to run at large within non-fence district
  9. 3-1425 – Dissolution of district
  10. 3-1426 (A.B.) – Lawful fence defined
  11. 3-1427 – Recovery for damage to un-fenced lands; exception
  12. 3-1428 (A.B.) – Action to recover for damage done by livestock which break through lawful fence
  13. 3-1429 (A.B.) – Exemption of incorporated city of town from provisions of article

What I tell people here in Golden Valley, Kingman, Yucca, Dolan Springs, Chloride, and White Hills is essentially “cows have rights.” Those rights included traveling wherever they wish unless there is a legal fence.  Also, the rights extend to the rancher who can seek and be awarded damages for any livestock that is killed usually by individuals driving way to fast.

Many of the livestock think cattle as I yet to see a bison or an ostrich are black. In rural areas, nighttime is very black because there are no street lights. Driving too fast or not being attentive can result in hitting and killing a cow. The driver must then pay the rancher for the dead cow which now is easily over $2,000 as well as to the damage to his/her own vehicle. 

Living here in Golden Valley, AZ, Mohave County, is one of the few remnants of the Old West. To see cattle roaming freely without fences always brings a smile to my face.

P.S. Please consider checking out my Facebook business page, The Grit and Gratitude Realtor, that will focus on the Dirt Roads in Mohave County as well local real estate, lots of dirt or vacant land parcels as some of the local attractions.

#LetsGetBackToRealConversations #WeDoThingsDifferently #OpenRange #ArizonaAcreage #GoldenValleyAZHomesAndLand #HorsePropertiesArizona

Leanne M Smith, The Grit and Gratitude Agent Who Goes the Extra Mile Because Life Begins Where the Pavement Ends.

Feature Photo Courtesy of Leanne M Smith

Any reproduction of Leanne M Smith’s blog for use by any AI or GAI, distribution or reproduction including but not limited to electronic newsletters e.g. PDF’s Internet sites or physical products e.g. newspapers, CDs without prior written permission and consent by me, Leanne M. Smith (Leanne Hoagland-Smith) is strictly prohibited.

Posted by

Leanne M. Smith, MS, GRI, rCRMS

2018 KGVAR Rookie Realtor of the Year-55+
219.508.2859 MST
Life Begins Where the Pavement Ends
Connect with me on LinkedIn:
http://www.linkedin.com/in/leannehoaglandsmith

Comments(7)

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Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Real Estate Broker

Good morning, Leanne... this is a perfect example of why home/land buyers and sellers need to work with a local agent who is well versed on local laws.

Dec 16, 2025 05:15 AM
Leanne Smith

Good morning Nina, thank you for your comment. Agents need to know how state laws and local ordinances affect real estate.

Dec 16, 2025 05:30 AM
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Hello Leanne - I agree with Nina Hollander, Broker - "local" matters.  

Dec 16, 2025 05:51 AM
Leanne Smith

And why I stay only in Mohave County on the west side of the county. Thank you and an early Merry Christmas.

Dec 16, 2025 05:52 AM
Wayne Martin
Wayne M Martin - Oswego, IL
Real Estate Broker - Retired

Good morning Leanne. Open range? Wow! You need knowledge of local laws and ordinances and being able to explain them without offering legal advice. That alone is a big job before you even offer professional services. And you need a license to make the research worth it. I am willing to bet there are only a few agents fully informed. Enjoy your day.

Dec 16, 2025 05:53 AM
Leanne Smith

Having the actual statues in one library allows for a quick email. I actually include the legal fence statue in the packet I give to buyers. Your assessment of a few agent being fully informed is probably quite accurate.

Dec 16, 2025 05:58 AM
Roy Kelley
Retired - Gaithersburg, MD

Good Tuesday morning, Leanne. Thanks for sharing this information.

Many of us are not familiar with these rules and regulations.

Dec 16, 2025 06:23 AM
Leanne Smith

And each state with open range statues is different. You are more than welcome and an early Merry Christmas to you. 

Dec 16, 2025 06:24 AM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Hello Leanne Smith - I like the way you explain "cows have rights".

People need to know the information you freely provide.  

Dec 16, 2025 08:44 AM
Leanne Smith

I believe my explanation is simple and does not venture into offering legal advice.  Thank you and and an early Merry Christmas. 

Dec 16, 2025 08:47 AM
Brian England
Ambrose Realty Management LLC - Gilbert, AZ
MBA, GRI, REALTOR® Real Estate in East Valley AZ

I like that cows have rights, and the ones that I appreciate the most are the ones that aren't fed things other than grass, haha.

Dec 17, 2025 05:41 AM
Leanne Smith

Yes grass fed beef is good and especially east of the Mississippi. God Morgon

Dec 18, 2025 05:34 AM
Patricia Feager
Referral Specialist - DFW FINE PROPERTIES - Flower Mound, TX
Licensed to April 2027

Leanne Smith - Open Range is something I never heard of before! You really have to know the laws and regulations. Cows are superior to humans! I learned so much from you. I remember driving in Maine at night and once the biggest Moose I ever saw jumped in front of me in the vehicle where I was a passenger. It scared the heck out of me! 

Driving in the dark where Open Range is the law, can be very dangerous and expensive to someone who doesn't know! 

Dec 20, 2025 08:47 AM
Leanne Smith

Yes indeed driving in the dark can be very expensive. I too never heard of open range until I crossed the Mississippi.  The western states have some unique laws when it comes to livestock.  Glad the postings have been helpful and educational.  Take care Patricia Feager 

Dec 20, 2025 10:37 AM