Herd of Dogs

May 28, 2014

  • 141 Easements
  • 141II Extent of Right, Use, and Obstruction
  • 141k39 Extent of Right
  • 141k42 k. By Express Grant or Reservation.

141 EasementsAbsence of any mention of dogs, within definition of “livestock” in Idaho statute dealing with state brand board, did not evidence government’s and former landowners’ intent as to whether dogs were allowable livestock, within meaning of ambiguous “livestock farming” exception to prohibition on commercial activity in government’s scenic easement; purpose of statute was not to define an all inclusive list of livestock, and evidence indicated that livestock in easement was otherwise not limited to Idaho statute’s inclusion of cattle, horses, mules, and asses.

United States v. Park, 658 F. Supp. 2d 1236 (D. Idaho 2009)