Legal
Aspects
In today’s world, leasing land based on a handshake
agreement is asking for trouble. Oral agreements
for leasing are not advisable. Miscommunication
between the user and the  landowner,
or an accident on the property, could result in a lawsuit. Being
prepared for the unexpected is the best safeguard against
potential liability
and risk. The effort taken to
set up a sound lease
agreement from the start will avert potential
problems later.
Laws
and regulations change quickly and can vary by state and local governments. A
basic understanding of the legal framework of wildlife
law and federal/state regulations is important when planning
your wildlife enterprise.
The only sure way to obtain the best possible hunting lease
agreement and the most specific information concerning
legal interpretations in your state is to consult an experienced,
local attorney. Sample leases can be referenced to
assist you in developing a lease agreement tailored to
meet your objectives. This section will help you
plan and prepare for that meeting. You will also
need to contact your insurance agent about coverage for
hunting to protect your liability, particularly if a fee
is charged. To overcome liability and improve marketing
opportunities, forming or joining a landowner
cooperative may be an option.
Learning Objectives for this module:
By the end of this module, you should be able to:
- understand liability and risk management issues pertaining
to wildlife enterprises,
- describe the benefits and limitations of recreational
use statues,
- define baiting and understand what practices are
legal and illegal for hunting waterfowl and doves,
- understand the functioning of landowner cooperatives,
- understand who owns wildlife, and
- describe the components of a hunting lease and the
importance of obtaining legal advice.
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