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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

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