Some states are “open range” or a “fence out” states, meaning that a livestock owner does not have a legal duty to prevent animals from getting onto the roadway. But some state legislatures have enacted statutes known as "stock laws" that modify the common law (rules contained in court opinions written by judges) and prohibit owners from allowing animals to run at large.
New Mexico is considered an 'open range' or a 'fence out' state, which traditionally means that livestock owners are not required to fence in their animals to prevent them from wandering onto roads and neighboring lands. However, certain areas within New Mexico have enacted 'stock laws' that require owners to prevent their animals from running at large, particularly in areas where agriculture and traffic create a higher risk of accidents. These laws can vary by county and may impose a duty on livestock owners to fence in their animals or otherwise be held liable for damages caused by animals that wander onto roadways. It is important for livestock owners in New Mexico to be aware of the specific regulations that apply in their local area to ensure compliance with any stock law requirements.