dblmainbeam
Member
Is there anyone on this site that is or knows a lawyer that would help out a hunter. I need to know if I'm wasting my time or not before I hire someone. Thanks
Legal advice
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nannyslayer
New Member
Guess I'm not really sure what your asking? I would think any lawyer would help anyone out rather they be a hunter or not, all you gotta do is pull out the wallet.
dblmainbeam
Member
What i'm hoping is to ask an honest lawyer if they can help me out before I spend a bunch of money. I dont have money to throw away on a hunting issue. I am willing to spend some money if I think I have a chance. I do not want to post the specifics until I have an idea of what I'm get myself into. Thanks
nannyslayer
New Member
dblmainbeam
Member
LoL.
Ok i just sent a few emails out to some state officials. Probably my best route.
I would like your opinions on this matter.
I hunted a piece of city property for years. One day I get a phone call telling me Im not allowed to hunt the property any more because the neighboring land owner has the hunting rights now.
It is city proprety and the city needed to buy a small part of his land for a storm sewer reasons. He said he would sell it to him for a rediculous amount of cash and hunting rights. None of this was done with any notification to the people that live here. 99% probably don't care. I was the only one it really affected since I was the only one to lose my favorite hunting spot.
Not to mention he does not hunt it. He just doesn't want anyone to.
I called the mayor and he is an arrogant @$$ and said I should have been at the meeting. The meeting was about storm sewer issues and did not say anything about hunting.
I dont have the cash to spend on a lawyer for this but a can not believe that this can be legal at all.
Ok i just sent a few emails out to some state officials. Probably my best route.
I would like your opinions on this matter.
I hunted a piece of city property for years. One day I get a phone call telling me Im not allowed to hunt the property any more because the neighboring land owner has the hunting rights now.
It is city proprety and the city needed to buy a small part of his land for a storm sewer reasons. He said he would sell it to him for a rediculous amount of cash and hunting rights. None of this was done with any notification to the people that live here. 99% probably don't care. I was the only one it really affected since I was the only one to lose my favorite hunting spot.
Not to mention he does not hunt it. He just doesn't want anyone to.
I called the mayor and he is an arrogant @$$ and said I should have been at the meeting. The meeting was about storm sewer issues and did not say anything about hunting.
I dont have the cash to spend on a lawyer for this but a can not believe that this can be legal at all.
timekiller
No, you can't pet him.
If it's public property and open to hunting, then I'm pretty sure you have a legitimate case. The only way I could see someone having exclusive rights is if they somehow opened it publicly for bids to lease it. Of course I'm not a lawyer, so maybe I am completely off.
Tim Hull
PMA Member
You can hunt almost anywhere with a bow as there is no yardage you have to be away from houses like the gun hunting. The only thing is most cities you can't fire the bow across property lines. But if you have permission to hunt the property and it isn't a Deer Management zone run by the DNR you can use your statewide tag and you go under DNR regulations. The mayor can't prevent you from bow hunting private property. Our city code in Muscatine is called "Missiles" where it is illegal to discharge a bow but only if it crosses a public street or real property boundary. They can't stop you from shooting your bow on private property.
dblmainbeam
Member
I started hunting that spot in 1998 and we used to have to sign up for it. So I don't know how the could have changed the laws with out anyone knowing about it.
The mayor is a donk. Two years ago a guy i know tried to set up a goose hunt for kids to hunt down behind heritage park. The mayor said no way. Two weeks later a big wig from Winnebago had a half dozen big shots out of staters down there blazing away.
The place I hunted was city property and if I stir the pot to much I'm sure they will just say the proprty is off limits to everyone. The problem is that the guy who has the hunting rights doesn't hunt that area he just doesn't want anyone else to. So he doesn't give a crap. I just don't know how to go about it.
cedar creek
Banned
That's not all cities in Iowa. Try shooting a bow at a target in your back yard in Ankeny. You can get away with it if you have a privacy fence or nobody reports you, but it is regarded as discharging a weapon.
longspurs
Active Member
I wish you luck in your situation ... that would be extremely frustrating.
As for hunting in the city limits, it all depends on the town you live in. Unless they have an ordinance specifically saying people can't hunt in town, then you are fine as long as you're on private property. As mentioned previously, some towns classify a bow as a "weapon" and have ordinances against using them. However, if neither of those are a violation in the town you live in and you're not shooting across a public right-of-way (i.e. sidewalk, street, trail, etc.) then you should be good to go.
-Longspurs-
As for hunting in the city limits, it all depends on the town you live in. Unless they have an ordinance specifically saying people can't hunt in town, then you are fine as long as you're on private property. As mentioned previously, some towns classify a bow as a "weapon" and have ordinances against using them. However, if neither of those are a violation in the town you live in and you're not shooting across a public right-of-way (i.e. sidewalk, street, trail, etc.) then you should be good to go.
-Longspurs-
scottonbuck
Well-Known Member
So the city still owns the property but the neighbor some how has the hunting rights, Did the neighbor call and tell you not to hunt there anymore or is it a city official. I would also like to see in writing how he has hunting rights to the city land, If it was thru a lease or pay for hunting rights type thing, then it should have been open to other to put thier bids etc in. Im not a lawyer but something stinks, and a little shady to boot.
dblmainbeam
Member
I just got a copy of the legal agreement and the letter written by the cities attorney that was instructed to kick me off the property. What a joke! Heres the last part of the letter. I'm not going to post any names.
I understand that you in the past have had somebody who has been bow hunting on this property and they will have to be advised that they are no longer to hunt there. While I understand that this may not be well recieved by this individual, the other side of that coin is the fact that in negotiations with MR. >>>>>>>>> and this License Agreement saved the City many thousands of dollars in Condemnation costs. If you should have any questions, please contact me.
Thank you for your attention in this matter.
Sincerely >>>>>>>>
In the letter it also says he has exclusive bow hunting rights to hunt the property until his death. So zvholk I would go tell the mayor your hunting in the city limits and It must be legal.
I understand that you in the past have had somebody who has been bow hunting on this property and they will have to be advised that they are no longer to hunt there. While I understand that this may not be well recieved by this individual, the other side of that coin is the fact that in negotiations with MR. >>>>>>>>> and this License Agreement saved the City many thousands of dollars in Condemnation costs. If you should have any questions, please contact me.
Thank you for your attention in this matter.
Sincerely >>>>>>>>
In the letter it also says he has exclusive bow hunting rights to hunt the property until his death. So zvholk I would go tell the mayor your hunting in the city limits and It must be legal.
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revup
Get Wild Outdoors
All boils down to politics..........
I would talk to a local atty to see if you REALLY have a case.
They atty should be able to tell you if any judges in the area will be on your side in the matter........or if the judge will dismiss your case, just because he is "in good" with any of the other parties involved......
I would talk to a local atty to see if you REALLY have a case.
They atty should be able to tell you if any judges in the area will be on your side in the matter........or if the judge will dismiss your case, just because he is "in good" with any of the other parties involved......
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NotEnoughDaysOff
Member
Just to make sure I understand.....
You used to hunt a piece of city owned property. The city purchased a small chunk of acreage adjacent to the piece you hunted. As part of the sale price, the owner selling the small adjacent acreage negotiated for himself exclusive hunting rights to the adjacent, city owned property?
From a legal standpoint, I'd say that is flimsy at best, and he has no legal rights to it. That said, he probably could have legal hunting rights to the parcel that he sold. So if he sold 1 acre that bordered say 40 acres of city owned property, he could legally have a right to hunt that 1 acre.
Now for the real life. My guess is the lawyer is going to ask you how much it is worth to you to remain able to hunt the property. You'll give him a $$ amount. He's going to tell you what it will cost to argue the case, and tell you that it's entirely likely that you will spend the money, only to see a city ordinance enacted to prohibit hunting on city property. So your options most likely are that you can just accept this, spend money on a lawyer to win, but still not be able to hunt the property, or spend money and win but it's far more than it's worth to you. His advise probably will be just to make a personal appeal to the board and not get a lawyer involved, as at least that will not cost you money.
One thing I have found in my legal endeavors, lawyers are honest to their client, and everything centers around money. Most want to settle a dispute without court costs, but people don't listen to them. That's usually because emotion comes into play. I don't envy your situation at all. I'd suggest that you make a list of the benefits to the city that comes from allowed hunting, then present that at the same time that you make your case to them that the agreement is false and not legal. It's a long shot, but if you can convince the board that they are better off allowing you and others who wish to to hunt, they might disregard an illegal provision. Of course, you can always threaten with legal action too. At this point, what do you have to lose?
You used to hunt a piece of city owned property. The city purchased a small chunk of acreage adjacent to the piece you hunted. As part of the sale price, the owner selling the small adjacent acreage negotiated for himself exclusive hunting rights to the adjacent, city owned property?
From a legal standpoint, I'd say that is flimsy at best, and he has no legal rights to it. That said, he probably could have legal hunting rights to the parcel that he sold. So if he sold 1 acre that bordered say 40 acres of city owned property, he could legally have a right to hunt that 1 acre.
Now for the real life. My guess is the lawyer is going to ask you how much it is worth to you to remain able to hunt the property. You'll give him a $$ amount. He's going to tell you what it will cost to argue the case, and tell you that it's entirely likely that you will spend the money, only to see a city ordinance enacted to prohibit hunting on city property. So your options most likely are that you can just accept this, spend money on a lawyer to win, but still not be able to hunt the property, or spend money and win but it's far more than it's worth to you. His advise probably will be just to make a personal appeal to the board and not get a lawyer involved, as at least that will not cost you money.
One thing I have found in my legal endeavors, lawyers are honest to their client, and everything centers around money. Most want to settle a dispute without court costs, but people don't listen to them. That's usually because emotion comes into play. I don't envy your situation at all. I'd suggest that you make a list of the benefits to the city that comes from allowed hunting, then present that at the same time that you make your case to them that the agreement is false and not legal. It's a long shot, but if you can convince the board that they are better off allowing you and others who wish to to hunt, they might disregard an illegal provision. Of course, you can always threaten with legal action too. At this point, what do you have to lose?