Greensprings landowners have banded together to place 4,400 acres in the Cascade Mountains off-limits to grazing cattle.

"We have no property rights when it comes to cows and cowboys," said Leon Kincaid, who owns two parcels totaling 32 acres that he says have suffered thousands of dollars in damage over the past 21 years from cattle.

Kincaid and other property owners, including the Green Springs Inn, are part of a petition sent to Jackson County that would enlarge the existing Greensprings Livestock District.

A livestock district, according to Oregon law, places the burden on cattle ranchers to keep their animals out of the designated land.

More than 100 affected properties along Highway 66 now fall under open-range law, which places the burden on landowners to keep cattle out.

Jackson County commissioners reluctantly approved a similar livestock district in February for Marshall and Nancy Ames Cole on 640 acres near the Siskiyou Summit, although commissioners C.W. Smith and Jack Walker feared it would hurt the cattle industry.

Attorney Mark Haneberg, who represents the landowners, said he submitted petitions to the county on April 18. He said he believes the county is trying to delay approval, even though state law gives county officials little option.

"They want to give the cattlemen another season to trespass up there," he said.

Haneberg did say it took the county about two months to verify the signatures.

Because of the peculiarities of the laws concerning livestock districts, Haneberg said,` two sets of signatures had to be gathered.

The first was from residents who are registered to vote in the area. The county certified 71 signatures out of a possible 119 total in the proposed district. The second set of signatures showed that property owners who had 2,558 out of 4,400 acres approved the district.

Haneberg said a majority had to be gathered in both cases in order for the effort to be successful.

County Counsel Doug McGeary said there has been no intentional delay in bringing the proposed district before county commissioners.

"If there was any foot-dragging they can blame me," said McGeary, who was the only attorney working in the office for several months. Recently two new attorneys have been hired. "I was swamped," he said.

McGeary said that the petitions filed by Haneberg on behalf of residents and property owners appeared to be in order after being scrutinized by county officials.

McGeary hopes to meet with county commissioners as soon as possible to discuss the district. But with the paperwork completed by the landowners, he added, "There is very little discretion on the part of the Board of Commissioners."

Commissioner Dave Gilmour said he wasn't aware of all the particulars of the proposal, but added, "They (the landowners) have every right to do that. If it's legal for them to do that, they can do it. The county has no right to prevent it."

Jennifer Walt, a San Francisco attorney who owns the Box D Ranch that borders the Cascade-Siskiyou National Monument near the Greensprings, said she didn't have enough information to comment on whether the livestock district would have an effect on her ability to raise cattle.

Kincaid said he's tried to fence out cattle before, but the cows and the cowboys find a way around it.

"They treat this property as if it's their own," he said. "Right now if a cowboy rides through my property and the horse throws him on my property, guess who's liable?"

Reach reporter Damian Mann at 776-4476 or dmann@mailtribune.com.