Appeals court rules state not liable for damage caused by wild elk
CATRON COUNTY, N.M. — A New Mexico Court of Appeals ruling could have major implications for ranchers, hunters and landowners across Western New Mexico.
In a decision filed June 3, the court sided with the New Mexico Department of Game and Fish and the New Mexico State Game Commission in a lawsuit brought by several Catron County property owners who argued the state's management of elk had damaged their land.
The plaintiffs claimed growing elk populations had damaged fences, forage and private property and argued that the state's management policies amounted to an unconstitutional taking of private property and created a nuisance.
The Court of Appeals disagreed.
In a unanimous opinion, the court found that while elk may cause damage on private property, the state cannot be held legally responsible simply because it manages the species. The court noted that New Mexico holds wildlife in trust for the public but does not own or control wild animals in the same way it controls roads, buildings or other public projects.
The judges also rejected the argument that the state's elk management program amounted to a taking of private property. According to the ruling, Game and Fish regulations do not require elk to occupy private land, nor do they prevent landowners from taking lawful steps to keep elk out.
The court further ruled that the Game Commission's management decisions cannot be considered a nuisance because those decisions are authorized under state law and fall within the agency's discretion.
For local readers, the ruling reinforces the broad authority the state has over wildlife management while limiting the ability of landowners to seek compensation from the state for damage caused by free-ranging wildlife.
The decision comes as New Mexico prepares for another elk hunting season.
According to the New Mexico Department of Game and Fish's 2026-27 hunting regulations, elk hunting opportunities begin with September archery seasons and continue through a series of muzzleloader and rifle hunts extending into the fall and winter months. The department also maintains population management hunts, which can be used to address localized wildlife issues and reduce elk numbers in specific areas when necessary.
The court noted that landowners who disagree with current elk management policies still have avenues to pursue change. Those options include participating in Game Commission rulemaking proceedings or seeking legislative action through the New Mexico Legislature.
Ultimately, the court concluded that questions about how many elk should live on the landscape are policy decisions for wildlife managers and elected officials—not the courts.
The ruling affirms the district court's dismissal of the takings claim and overturns a previous decision that would have allowed the nuisance claim to proceed.
For now, New Mexico's elk management system remains intact, and the longrunning dispute over elk impacts in Catron County appears headed away from the courtroom and back into the public policy arena.