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What Are My Legal Rights As an Owner of a Goat Herd?

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    Ownership

    • Generally, the ownership of assets is constitutionally protected. Two such protections are conferred by the Fourth and Fifth amendments to the Constitution. The Fourth Amendment prohibits illegal searches and seizure; the Fifth guarantees "due process" and "just compensation" in government takings. However, property ownership rights are not absolute.

    Chattel

    • Chattel is a term for personal property other than real estate. While animals are obviously distinct from other kinds of belongings, they are, in fact, considered belongings. While the U.S. has a long history of protecting the rights of property owners, some property ownership comes with limited rights, usually because of the potential impact on others. Gun ownership and livestock are both examples; their ownership is geographically limited out of consideration for other citizens.

    Land Use

    • States and municipalities are empowered to make rules regarding the ways land is used. Their ability to makes rules cannot infringe upon Constitutional rights or other federal laws, and sometimes local laws are contested and struck down by federal courts as being unconstitutional. But generally, municipalities, for health reasons, can restrict livestock within city limits.

    Recent Trends

    • Public interest is usually the consideration of any restrictive land-use regulations. For example, if livestock were allowed in municipal areas, their waste may contaminate groundwater, creating a public health hazard. However, municipalities usually have the autonomy to make exceptions on a case-by-case basis. Goat herds have been among that trend. Because goats will eat nearly any weed --- often noxious weeds other animals will not eat ---- they have been used more and more often to control overgrown lots in cities. So long as their presence doesn't pose a health hazard, they have the distinct advantage of making less noise than landscaping equipment, and many find them an entertaining sight.

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