EasternIowaFarmer_Fall2023
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HUNTING LEASES<br />
an indemnification clause. This is<br />
when the hunters agree to assume the<br />
risk and pay any damages caused to<br />
others by the hunter or the hunter’s activity<br />
on the property. This is important<br />
if the landowner becomes involved<br />
in a lawsuit where a third party was<br />
injured or harmed. It also can help<br />
reinforce the hunters’ responsibilities<br />
and encourage safe hunting practices.<br />
Tree Stands<br />
Studies have found that tree stands<br />
lead to more injuries than firearms in<br />
a hunting context. Providing a tree<br />
stand or elevated hunting platform is<br />
increasing the risk that the hunter or<br />
guest will become injured from a fall<br />
or improperly maintained stand. If<br />
there is a tree stand, it needs to meet<br />
the Treestand Manufacturer’s Association’s<br />
safety standards, and the hunter<br />
should be required to wear a safety<br />
harness at all times. If the hunter is<br />
providing the stand, the stand should<br />
be installed in summer when it is<br />
easier to identify a dead tree. A dead<br />
tree should never be used to support<br />
an elevated hunting platform.<br />
Payment Terms<br />
A hunting lease should include the<br />
terms of payment required under the<br />
lease, including the amount, the due<br />
date, the manner in which payment<br />
is to be made, and the remedy in<br />
the event of nonpayment. It is best<br />
practice to require payment prior to<br />
the hunting period, usually well in advance<br />
so that an alternative party can<br />
be found if payment is not made.<br />
As noted above, Iowa hunting land<br />
is a precious commodity. Through<br />
a well-drafted hunting lease, landowners<br />
can share their resource with<br />
others and, in exchange, receive<br />
a monetary benefit. They should<br />
remember, however, that any such<br />
agreement should be carefully drafted<br />
and cleared with their insurers. Failing<br />
to take such measures could place<br />
them in a liability landmine. n<br />
About CALT:<br />
n The Center for Agricultural Law<br />
and Taxation (CALT) at Iowa State<br />
University was created in 2006. It<br />
provides timely, critically objective<br />
information to producers, professionals<br />
and agribusinesses concerning the<br />
application of important developments<br />
in agricultural law and taxation<br />
(federal and state legal opinions of<br />
relevance, as well as critical legislative<br />
developments) and is a primary source<br />
of professional educational training<br />
in agricultural law and taxation.<br />
Contact CALT:<br />
Iowa State University<br />
2321 N. Loop, Suite 200<br />
Ames, IA 50010<br />
Phone: (515) 294-5217<br />
Fax: (515) 294-0700<br />
www.calt.iastate.edu<br />
CASCADE LUMBER<br />
is more than a lumber yard!<br />
No matter how different of an operation you run, we have your back!<br />
For 70 years we’ve provided the right building for whatever type of farm<br />
operation you run and we will continue to do so for the modern-day farmer.<br />
Build your future with us!<br />
Cascade<br />
Lumber Co.<br />
BUILDING WITH YOU SINCE 1953<br />
• Dairy/Cattle Feeding • Machine Shed • Shops • Shouse<br />
Here for you since 1953!<br />
1000 1ST AVE E CASCADE, IA 52033<br />
563-852-3232<br />
eifarmer.com FALL 2023 | EASTERN IOWA FARMER 85