help please!

[chickensinparadise]

So here goes, my wife and I have been raising 28 chickens for about 4 months now. We have 40 acres of wooded land and have a wonderful little barn as a coop and allow the chickens to roam around the property. Our closest neighbor ( 1/4 mile away) also has chickens but our birds nor theirs has ever ventured very far. Well around 3 weeks ago another neighbor from farther down the road had their 2 German Shorthair dogs get out of the pen ( by accident supposedly, although it has been said by several neighbors they let them run often) and they came down to the house and killed 23 of the chickens. Of course we called and the man apologized and offered to buy new ones. As these aren't livestock to my wife, they are pets, we said " no thank you, just please don't let your dogs run on our property again". Well 3 weeks has gone by and as you probably guessed, they got out again and came back and killed the last 5 hens. Well, we called the police who sent out animal control and they were ticketed. A whopping $120! Also interesting enough the animal control said thats all they would do because the chickens " weren't like cats or dogs" and that they wouldn't remove the dogs even though they were on Our land and had been there and killed the chickens twice because as he put it" they were only chickens". So now my wife would like to take the man to small claims court to settle the issue. So.............. the questions is can anyone help give me a value on the 28 grown chickens? They were an exotic mix and my wife is currently comprising a list of the count and breeds. Thanks for all the help.

Signed,

Currently Chickenless in Michigan

 

[panner123]

Before you go to court, see if he is still willing to replace the chickens. If so have him order them from a GOOD breeder. Once he sees the cost of a few chickens, he may invest in a good fence. A good fence makes for a good neighbor.

 

[chickensinparadise]

Thanks, unfortunately after the animal control wrote him the $120 citation he now feels he has paid what he owes. Also the problem with just taking the price to replace them with chicks doesn't take into account any of the value of raiing them to this point ( feed, time, ect.) which is why I was wondering if there was any way to "Value " the grown birds.?? But thanks and you're right about the fence part. We have alot of fence just not the whole 40 acres regrettably.

 

[Ceilismom]

I have no idea whether you would get anywhere in court, since you refused compensation after the first attack. However, with regard to the value of the chickens, maybe post your list here once you have it tallied up, and people should be able to help you. Breeders and hobbyists do sell sell started pullets, and they do cost more than baby chicks.

 

[theFox]

Next time you deal with Animal Control tell them you invoked your rights under 287.279 Sec 19 and to come pick up and dispose of the body.


287.279 Killing of dog pursuing, worrying, or wounding livestock or poultry, or attacking person; damages for trespass; effect of license tag.

Sec. 19.

Any person including a law enforcement officer may kill any dog which he sees in the act of pursuing, worrying, or wounding any livestock or poultry or attacking persons, and there shall be no liability on such person in damages or otherwise, for such killing.

Any dog that enters any field or enclosure which is owned by or leased by a person producing livestock or poultry, outside of a city, unaccompanied by his owner or his owner's agent, shall constitute a trespass, and the owner shall be liable in damages.

Except as provided in this section, it shall be unlawful for any person, other than a law enforcement officer, to kill or injure or attempt to kill or injure any dog which bears a license tag for the current year.


History: 1919, Act 339, Eff. Aug. 14, 1919 ;-- CL 1929, 5263 ;-- CL 1948, 287.279 ;-- Am. 1959, Act 42, Eff. Mar. 19, 1960 ;-- Am. 1973, Act 32, Imd. Eff. June 14, 1973

 

[chickensinparadise]

I have.....had.....28 of the following chickens:

5-Dominique Hens
5-Maran Hens
5-Deleware Hens
5-Campine Hens
4-Appenzeller Hens
2-Golden Pencil Hens
2-Brahma Hens

Any and all help would be greatly appreciated. Thank you for any information you may be able to
supply us with.

 

[Sonoran Silkies]

First, yes, there is considerable more value to a young hen than to a chick. At least five times the cost of the chick. Depending on hte source of the birds, it could be considerably more. Once suggestion is to look at the SALE section of BYC and see what birds of the same breed and age are going for. Factor in costs varying by quality and location. Some (such as marans) are more valuable depending on variety (colour/pattern). But for 28 point of lay pullets, you are probably due a minimum of $500 for hatchery quality.

 

[CricketYang]

Since all of your hens were either just starting to lay or just getting to the point of lay their value (although it'd be priceless to me) would probably be at their highest. The marans, campines, and appenzellers are pretty unique hens, I'd say at least $20 for each of those. The dominiques, delawares, and brahmas I'd go no less than $15 each. I'm not sure on the golden pencil, I'm not familiar with that breed, golden wyandotte maybe??

I'd approach him at first about reimbursing you for the birds and give him your price. If he refuses I'd take him to small claims. Just make sure to have all of your dates documented, like the first attack, the second, try to get a copy of the police/animal control report and ESPECIALLY written statements from the neighbors that say that his animals get loose regularly and that these two instances WEREN'T rare. You didn't get any of that $120 from that fine did you? So he hasn't paid what he owes AT ALL. IDK if going with calling the chickens pets or livestock would be better in court. If you've sold any of their eggs I'd refer to them as livestock in court, that way the judge won't be able to just dismiss them because they're "just pets." If this man and his animals don't get put into their places and held accountable for their actions and his LACK of actions, they're just going to do it again and again. I'd be ticked if I had to pay a $120 fine for my two dogs killing some chickens but I'd be devastated if I had to pay $415 + court fees bc my two dogs killed some chickens TWICE, I'd even think about putting up a fence.

IDK about KILLING the dogs, I think I'd feel bad about it. Maybe shoot in their general direction to scare the hell out of them. Thats just me though.

BTW, I live in Michigan as well, Lansing area, I have a few light brahmas that are about the same age as your other hens were, if you wanted a few to replace your old ones I could sell them to you. One of them is in my display picture.

 

[TK421]

I have seen other posts that factor in feed, housing, labor, loss of eggs, and cost of the chick to arrive at a depredation remediation fee of $50/bird. Since you refused payment on the first 23, you will have trouble getting reimbursed for them. I suggest you tell him that you appreciate his first offer, and are now willing to let the entire matter drop for reimbursement of the last 5, and future killings in which his dog is proven / "known" to be involved. If he's upset about $120, then the $250 bill may convince him to keep his dogs in.

The $50 was for full grown, productive laying hens. If your birds were only 16 weeks old, you may have trouble asking for your labor and future egg loss. If they're only 16 weeks old, I would ask for $25/bird.

 

[chickensinparadise]

I appreciate all of the information. However; I shouldn't have to put up a fence to keep the neighbor's dogs out. We own 38 acres and it would be a shame to Mother Nature to box it all in for two dogs. I strongly believe in RESPONSIBILITY. The first time it was an appology, the second is an example. I need to know how to protect future pets(chickens) from being destroyed from neighboring pests, I mean pets, without a fortress. In order to see that the owner takes RESPONSIBILITY I have to prove how much each chicken's life is worth (although the notion is sad, no pet's life has a price, thier lives are priceless). If you could help me show the courts that the life of a pet does not stop at a dog or cat I would be more than greatful to you. Thanks again for all of your help.