Eastern IA Farmer_Fall23_SOUTH

HUNTING LEASES
whether children under the age
of 18 are allowed to hunt or
accompany adult hunters on
the land. Consider requiring a
hunter to provide proof they
have taken and passed a hunter’s
safety course (even if not
required by state law).
Description of
the Property
Any hunting lease should
specify the exact property
upon which the party to the
contract can hunt. It is advisable
to include legal property
descriptions, as well a map.
The map should clearly identify
nearby inhabited areas
that will inform the hunter
what shot directions should be
avoided. The map should also
mark known hazards, fences
and/or ATV paths.
Terms of Use
The hunting lease should
clearly set forth the specific
terms under which the party
to the contract can hunt. Is
the permission for a particular
animal season only? Is it for
rifle or bow hunting only? Are
there particular firearms that
are not allowed? Does it allow
any legal hunting for a term
of one year? Is it is multi-year
contract? Perhaps a landowner
will want to offer a multi-day
hunting lease to a party or
group. These are all possibilities,
but the document should
specify the exact terms of the
permission granted.
The lease should also specify
if the hunting party is also allowed
to spend the night on the
property or if they must leave
by nightfall. Could the hunters
bring an RV or 5th wheel on
the property to park? If so,
can the party have a bonfire
outside? What is the maximum
number of people who can
sleep there? Can people who
are not part of the hunting
party spend the night? If there
is a small cabin or residence,
the same questions should be
asked, and the lease should
specify what behavior and use
is allowed and not allowed.
Termination
and Options to
Renew Provisions
The contract should specify
the particular grounds and
the manner under which the
landowner can terminate the
contract, including for misuse
or dangerous use of the property.
The clause should state how
the termination notice will be
communicated. The contract
should also specify whether
the contract will automatically
renew or terminate on a particular
date.
Waiver of Liability
As discussed above, liability
should be a prime concern for
landowners contemplating a
hunting lease. Landowners
should acquire a waiver of
liability from the hunters as
part of the lease. Through a
properly drafted waiver, the
landowner should be able to
obtain the same level of liability
protection offered by the
Iowa Recreational Use Statute
as to all adult hunters. Such
a waiver would not provide
protection, however, for children
under 18. Landowners are
advised to seek legal counsel
to draft a legally enforceable
waiver. They are also advised
to discuss any hunting lease in
advance with their insurer to
understand what damages insurance
may cover if an event
were to occur.
Indemnification Clause
Landowners also may want
to include an indemnification
clause. This is when the hunters
agree to assume the risk
and pay any damages caused
to others by the hunter or the
hunter’s activity on the property.
This is important if the
landowner becomes involved
in a lawsuit where a third party
was injured or harmed. It also
can help reinforce the hunters’
responsibilities and encourage
safe hunting practices.
Tree Stands
Studies have found that tree
stands lead to more injuries
than firearms in a hunting
context. Providing a tree stand
or elevated hunting platform
is increasing the risk that the
hunter or guest will become
injured from a fall or improperly
maintained stand. If there
is a tree stand, it needs to meet
the Treestand Manufacturer’s
Association’s safety standards,
and the hunter should
be required to wear a safety
harness at all times. If the
hunter is providing the stand,
the stand should be installed
in summer when it is easier
to identify a dead tree. A dead
tree should never be used to
support an elevated hunting
platform.
Payment Terms
A hunting lease should
include the terms of payment
required under the lease,
including the amount, the due
date, the manner in which
payment is to be made, and
the remedy in the event of
nonpayment. It is best practice
to require payment prior to the
hunting period, usually well in
advance so that an alternative
party can be found if payment
is not made.
As noted above, Iowa hunting
land is a precious commodity.
Through a well-drafted
hunting lease, landowners can
share their resource with others
and, in exchange, receive a
monetary benefit. They should
remember, however, that any
such agreement should be
carefully drafted and cleared
with their insurers. Failing to
take such measures could place
them in a liability landmine. n
About
CALT:
n The Center for
Agricultural Law and
Taxation (CALT)
at Iowa State
University was
created in 2006.
It provides timely,
critically objective
information to
producers,
professionals and
agribusinesses
concerning the
application of
important
developments in
agricultural law and
taxation (federal and
state legal opinions
of relevance, as well
as critical legislative
developments) and
is a primary source
of professional
educational training
in agricultural law
and taxation.
Contact CALT:
Iowa State
University
2321 N. Loop,
Suite 200
Ames, IA 50010
Phone:
(515) 294-5217
Fax: (515) 294-0700
www.calt.iastate.edu
eifarmer.com
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