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June 13, 2008
Do landowners have the constitutional right to protect their property from destructive wildlife? As shown by the Case of the Marauding Elk, the answer is a definite yes.
Jerrie Vander Houwen owns cherry and apple orchards in the Tieton area of eastern Washington. During the fall of 1998 and the winter of 1999, herds of elk repeatedly migrated through a 37-acre block of cherry trees that Vander Houwen had grown in the westernmost portion of his land. The invaders gained access because the fencing, built earlier by the state Department of Fish and Wildlife to prevent damage to Vander Houwen's property, had fallen into a state of disrepair.
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