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does peta have the right to come on your property and make

 
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  • Answered by:Thomas Swartz
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Customer Question

does peta have the right to come on your property and make you shoot and old horse you have had since it was a baby that is still able to be up walking, eating, and drinking?

 

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Country relating to Question: United States
State (if USA): Tennessee

Already Tried:
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Submitted: 307 days ago.
Category: Legal
Value: $28
Status: CLOSED
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Expert:  Thomas Swartz replied307 days ago.

Hello JACUSTOMER,

No. PETA is a private organization, and has no governmental authority at all to make you take any action.

Thomas

Customer replied307 days ago.

do neighbors have the right to trespass on your private property and bring in the state to look at your horse without you knowing it?

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Expert:  Thomas Swartz replied307 days ago.

Your neighbors by themselves can not trespass on your property. The state may come onto your property if they have some information to believe that there is some violation of law. And this information can be given by neighbors. If there is some allegation of animal of abuse, this could be sufficient for state officials to come onto the property to investigate.

Thomas

Customer replied307 days ago.

are there laws about not letting a horse live after it's old. this horse was eating 2 gallons of horse feed a day, grazing on a lush pasture, and walking to the creek everyday to get a drink. it was about 33 years old. at that age they don't look the best and they have a little trouble getting up and down, but if they are eating good they are not in pain. a horse in pain will not eat. do they have the right to demand you put an animal down just because it's old? the neighbors came on the property without the owner's permission. the state demanded the horse be shot without even getting a vet's advice. is this right?

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Expert:  Thomas Swartz replied307 days ago.

Can you tell me what state agency is involved?

Thomas

Customer replied307 days ago.

2 county deputies monroe county, tn

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Expert:  Thomas Swartz replied306 days and 23 hours ago.

I can not find any authority for county deputies to order you to put down an animal. I would ask them under what specific authority (either in statute or regulation) they claim to have the power to order you to do such a thing. If they persist, you may have to start a civil action seeking an injunction.

Thomas

Customer replied306 days and 23 hours ago.

does the state, have the power, in the state of tn, to do this without the advice of a vet's examination? Thanks so much!!

Accepted Answer

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Expert:  Thomas Swartz replied306 days and 23 hours ago.

I don't believe so. Without knowing the particular authority that the deputies are claiming to act under, I am not sure exactly what they would need to order you. But at a minimum there would have to be some type of legal procedure or hearing in which you would have the right to present other evidence that putting down the animal is not justified.

Thomas

Expert TypeAttorney
Category: Legal
Pos. Feedback: 98.2 %
Accepts: 1770
Answered: 7/16/2012

Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.

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