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Your Brand Laws May Supersede ESA
 


Danny Martinez
This is in the Colorado Brand Law. Check your state and see what it has to say about this.

35-43-126. Dog worrying stock.
Any dog found running, worrying, or injuring sheep, cattle, or other livestock may be killed, and the owner or harborer of such dog shall be liable for all damages done by it.
History Source: G.L. § 2578. G.S. § 3176. R.S. 08: § 6387. C.L. § 3152. CSA: C. 160, § 40. CRS 53: § 8-2-33. C.R.S. 1963: § 8-2-33. L. 73: p. 1395, § 5.

Question:Why wouldn't this apply to any other kinds of "dogs?" Or - any critter "found running...?"
Answer: Under the police powers of the states, this law supersedes federal Endangered Species Act; for Congress, in the wording of the act, did not preempt state law. There are no provisions to enforce the provisions of the ESA within the boundaries of the states, as these powers were reserved to the states and the people respectively. (10th Amendment)
Danny Martinez
   

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