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| Is this federal or state lands this started on? All I'm asking for is because of limits of liability could be affected in this deal. I had to deal with the State of Idaho once over Federal highway through state lands. The state DOT let fence go in disrepair, my cow got out on freeway caused a wreck. State trooper on scene met me and proceeded to cuss me out and tell me I was liable for wreck 100%. So, at that time before removing my cow from freeway (it was off the road) I started taking pictures with time and date stamp on it. I found hole in the fence, it was a gate opening in fence that federal fire crews, and also gas pipeline crews had illegally made.
I had no control over the fence, I can't repair it as per the law. The problem came from DOT not maintaining the fence. The gate should have never been there. After taking pictures for myself I then contacted my insurance, they sent their investigator to meet with me and we went over scene they took their photos. So, at this point I then hired attorney to watch my insurance company, so they didn't leave me holding the bag. This attorney was put into the loop to make sure he was given all correspondence between parties and to notify me of any actions. The whole point as I'm dragging on is the state's liability in my matter was capped out on federal highway was $220,000 for State DOT the driver of semi came after me for the remaining $30,000 to paid out by my insurance. This was an open range case, federal lands and state lands. Yet limits of liability were capped in this I was told. This took two years to resolve because driver could drag it out that long per his fight over medical billing.
So, I would also start finding a good college ag professor or someone that does expert wittiness work in cases like this. Talk to your ag banker and other people. You need a good numbers person, but you also need to do your own discovery in this matter. Only you truly know how much you've been harmed in this action. Also, like one poster said need to contact your local political state and congressional representatives. I detest having to hire attorney's, the good ones are way busy. But you're paying for their knowledge in cases like this that will fly before a judge. But you can save yourself some money by doing as much discovery yourself.
Just trying to mention limits of liability as you don't want to be jumping up and renting pasture or moving cattle before you know limits you can be paid out in this deal. Don't put yourself in a deeper hole. I would much rather be dealing with a corporation than state or federal in a situation like this. State and feds can drag things out but also record make notes of all conversations with their employees. Also, might check and see if the wildlife refuge has any grazing options on it or around your cows could be moved to graze. Some wildlife refuges have grazing here. Also note if having to move cattle out of area all these costs involved are added, that needs to tacked onto the bill.
Good luck. | |
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Fish and wildlife service burns private land
