The Oklahoma Bar Journal February 2024

intent of the Legislature for 4 O.S. §98 to protect growing crops, not persons traveling by automobile down the highway. With Carver v. Ford , 15 the court acknowledged the strict liability effect of §98 for dam ages to crops and grazing lands by an escaped animal but stated clearly that in order to recover for any other type of damage, it must be shown that the animal was either intention ally or negligently allowed to “run loose.” The result: If farmer A’s bull decides to go in search of greener pastures, they are strictly liable to farmer B for all of farmer B’s corn that is destroyed by the trespassing bull. But if that same bull then pro ceeds to cross the highway where it is struck by a traveler, in order to recover from farmer A, the traveler must show that the bull’s escape was a result of an intentional act by farmer A or that the bull escaped restraint due to farmer A’s negli gence – same agricultural law, two completely different proceedings.

CONCLUSION Most Oklahoma attorneys would not consider agricultural law to be a part of their practice. If you are ever presented with a matter involving farming or ranching in any way, I would suggest exploring it. It is just contract law and torts, the same as anything else, unless Oklahoma agricultural law says it isn’t.

ENDNOTES

1. Department of Agricultural Economics Division of Agricultural Sciences and Natural Resources Oklahoma State University: (2015) Contribution of Agriculture to Oklahoma’s Economy [Fact Sheet]. https://bit.ly/3TR6uUs. 2. See endnote 1. 3. 1969 OK 14, 454 P.2d 297. 4. 18 O.S. §954 was enacted in 2000 to add an exemption for Production of Nursery Stock. 5. Exemptions to this prohibition are provided in both 18 O.S. §§954 and 954.1. 6. As used in the CPL, “pesticide” means a substance or mixture of substances intended for defoliating or desiccating plants, preventing fruitdrop, inhibiting sprouting or for preventing, destroying, repelling or mitigating any insects, rodents, fungi, bacteria, weeds or other forms of plant or animal life or viruses that the Board of Agriculture declares to be a pest, except viruses on or in humans or animals. 2 O.S. §3-81(34). 7. On Nov. 1, 2023, 2 O.S. §3-82(H) was recodified as 2 O.S. §3-82(D). 8. 1963 OK 268, 387 P.2d 631. 9. Id. 10. Id . 11. Brown v. Rocky Farmers Co-op, Inc. , 2005 OK CIV APP 52, 118 P.3d 214; citing McArdle v. Stewart , 1968 OK 153, 446 P.2d 379. 12. 51 2 O.S. §24A.1, et seq . 13. 4 O.S. §98 defines “domestic animals” as including “cattle, horses, swine, sheep, goats, exotic livestock and all other animals not considered wild” but does not include domestic house pets.

ABOUT THE AUTHOR

Brendon S. Atkinson is a solo practitioner with The Atkinson Law Firm PLLC in Enid. He has been representing farmers,

ranchers and agricultural entities in the region for more than 20 years. Prior to entering private practice, he was a staff counsel for the Oklahoma Department of Agriculture, Food and Forestry. A native of Sweetwater, Mr. Atkinson obtained his J.D. from the OU College of Law and his B.S. in agricultural economics from OSU.

14. 1972 OK 25, 494 P. 2d 306. 15. 1979 OK 26, 591 P. 2d 305.

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

32 | FEBRUARY 2024

THE OKLAHOMA BAR JOURNAL