Buck Hollow Sporting Goods - click or touch to visit their website Midwest Habitat Company

Liability Release Agreements

BJohnson

BJohnson

Well-Known Member
Does anyone utilize these types of agreements to lessen concerns landowners have to lawsuits from people hunting on their land. I may be losing access to some hunting ground I have been on for about 3 years due to this issue (risk) that the landowner feels exist for him (her). If you do use anything like this, I would appreciate a PM of an example or a list of the types of conditions incorporated into the agreement. My hope is that I can convince the landowner that such an agreement would reduce or eliminate this risk for him and he should require such an agreement for anyone wanting hunting privileges. In the end this could actually improve the situation for the landowner AND myself since he gets a higher comfort level against stupid lawsuits and hopefully I come away with more exclusive access to the ground.

Any input would be appreciated.
 
BJohnson, We have one property that we have signed waivers for the last 2 years. I don't have a copy to give to you, we just get it before season, have it noterized and returned to the owner. If you are really interested in the property maybe you want to offer the landowner to pay the initial $$$ for the lawyer's fee to draw up a waiver. We use the same standard waiver every year. Only the dates change.
 
I'm positive it is written into Iowa law that a landowner is protected from legal action if he allows people to recreate on his property, as long as he isn't charging them. I'll try to do a litte sleuth work to see if I can find the code. Signed paperwork, with a copy of this code, ought to calm the landowner.
 
Welcome to the information age! Quick google search turned up:
House File 454
Partial Bill History
Bill Introduced: H.J. 510
Complete Bill History
Bill Text
PAG LIN
1 1 Section 1. Section 461C.2, subsection 4, Code 1999, is
1 2 amended to read as follows:
1 3 4. "Recreational purpose" means the following or any
1 4 combination thereof: Hunting, trapping, horseback riding,
1 5 fishing, swimming, boating, camping, picnicking, hiking,
1 6 pleasure driving, motorcycling, nature study, water skiing,
1 7 snowmobiling, other summer and winter sports, activities of
1 8 amusement, gathering of produce under pick-your-own or cut-
1 9 your-own arrangements, and touring, viewing, or enjoying
1 10 historical, archaeological, scenic, agricultural, or
1 11 scientific sites while going to and from or actually engaged
1 12 therein.
1 13 Sec. 2. NEW SECTION. 461C.4A GATHERING OF FARM PRODUCE.
1 14 A holder of land who allows a person to enter such property
1 15 and gather the produce of the property under pick-your-own or
1 16 cut-your-own arrangements shall not be liable for personal
1 17 injury or property damage to a person entering or using the
1 18 property even if the holder charges the person for the produce
1 19 or activities with a recreational purpose.
1 20 Sec. 3. Section 461C.5, Code 1999, is amended to read as
1 21 follows:
1 22 461C.5 DUTIES AND LIABILITIES OF OWNER OF LEASED LAND.
1 23 Unless otherwise agreed in writing, the provisions of
1 24 sections 461C.3, and 461C.4, and 461C.4A shall be deemed
1 25 applicable to the duties and liability of an owner of land
1 26 leased, or any interest or right therein transferred to, or
1 27 the subject of any agreement with, the United States or any
1 28 agency thereof, or the state or any agency or subdivision
1 29 thereof, for recreational purposes.
1 30 EXPLANATION
1 31 This bill amends Code chapter 461C which relates to
1 32 limiting liability for landowners who allow a person to enter
1 33 the landowner's property for recreational purposes. The bill
1 34 adds activities of amusement, gathering of produce, and the
1 35 touring of historical, archaeological, scenic, agricultural,
2 1 or scientific sites to the definition of recreational
2 2 activities. The bill limits a landowner's liability for
2 3 personal injury or property damage to a person entering or
2 4 using the property for purposes of gathering of produce
2 5 notwithstanding that the landowner may charge the person for
2 6 the produce or activities with a recreational purpose.
2 7 LSB 2612HH 78
2 8 tm/jw/5


--------------------------------------------------------------------------------

Text: HF00453 Text: HF00455
Text: HF00400 - HF00499 Text: HF Index
Bills and Amendments: General Index Bill History: General Index

Looks like it has been amended so that even if you charge you are protected (read 2 1 through 2 7).
 
See also:

Code of Iowa title XI, natural resources, Subtitle 2, Lands and waters, Chapter 461C, Public use of private lands and waters

Iowa Code section 111C.3
 
...this is a great question!...I too have had a few landowners keep me off because of liability concerns...one happen to be in the insurance business...I mentioned basically what has been posted above - he wasn't liable if he didn't charge me $$...his reply, "That wouldn't stop some from trying."...
 
I have read the Iowa Code section 461 that was referenced above. My interpretation (which may be wrong) is that this Code Section does not limit in any way liability which otherwise exists where the owner of the land charges the person who enters the land for recreational purposes but rather limits the liability where the access to land is "without charge". The only exception to that is if the land is leased to the U.S. govt. or related agency or a state or related agency.

Summarized:
(1) if leased to a private party or individual, a landowner may retain some risk of liability
(2) if not leased, the landowner assumes no responsibilty or liability.

Thanks again for the input. I am continuing to work on this issue with the landowner and farmer so I do appreciate the feedback.
 
You must log in or register to reply here.
Top Bottom