Definition of Wild Horse:

            Opinion of Attorney General Tom Udall Opinion No. 94-06

1.      This Opinion makes the case that these wild horses belong to the people of NM. ( See page 9 of the Opinion)

2.      This Opinion makes the case that and that horses not born on a ranch are not livestock and are legally wild. (This must apply to the state of NM especially given the definition of estray in the NM Livestock Code as domesticated?)

3.      This Opinion makes the case that the Livestock Board does not have jurisdiction over animals that do not fit the definition of “livestock”.

Livestock Code

1.      As used in The Livestock Code: "animals" or "livestock" means all domestic or domesticated animals that are used or raised on a farm or ranch…. estray" means livestock found running at large upon public or private lands…..

2.      The Livestock Board does not have legal jurisdiction over equines not born or used on a ranch according to Opinion No. 94-06. (See p 4,5 of the Opinion)

Ownership of Wild Equine:

Ø      Does the State of NM have a fiduciary obligation to manage wild equine in public trust?

Ø      Is the state acting in good faith and with due regard to interests of the public? 

Ø      States discretion.

Risks (some)

Livestock Board/BLM issues/risks

1.      The Livestock Board and the BLM have jointly become so bold as to also ignore the NM Livestock Code definitions and evade the 1971 Act in Placitas NM, at the same time. This has opened up the state for liability on both State and Federal levels.

Alternatives (some)

1.      Define a way standardized procedure to determine if a horse is wild and enforce or clarify  the NM Livestock Board, the definition of estray versus wild equine so that it will be followed versus evaded.

2.      Expand the August 25, 1994 Opinion of Tom Udall Attorney General to apply to the whole state of New Mexico at least for the sake of clarity for all.

3.      Appoint a commission including appropriate wild horse advocacy groups to manage wild horses in NM.

Next Steps

Email any questions or comments about this site to

 
Last modified: 03/03/09