A Modern-Day Range War: Reconciling the Conflict between Texas's Estray Statute and the Common Law Open Range Doctrine

The article argues that Texas's Chapter 142 estray statute is ambiguous regarding whether it abrogates the common law open range doctrine, creating uncertainty for cattle ranchers and law enforcement. It advocates for amending the statute to clarify that it does not eliminate the open range doctrine, preserving the traditional balance between landowners' and cattle owners' rights while addressing the practical challenges posed by stray cattle. The proposed amendment would align the statute with legislative intent, avoid absurd interpretations, and protect the economic viability of the cattle industry in Texas.