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May lose hunting land.....need help!

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May lose hunting land.....need help!

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Old 09-27-2004, 05:28 PM
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Default May lose hunting land.....need help!

After just talking to a landowner's wife, I and the others who have been granted permission to hunt their property for years, may lose our priviledges! Not because of anything we have done, but because of legislation that was or may be passed. According to the landowner's insurance company, if a landowner grants permission to even just one person to hunt or fish the landowner must allow anyone who asks. If a person is denied permission, trespasses anyway and gets hurt......no matter what happened, the landowner is liable......simply because he denied access to all!

So in effect, the law is saying grant access to anyone who wishes to be on the property or deny access to everyone!!! As I said earlier, if the landowner grants permission to only those who he wants..........he is forced to pay much higher insurance costs to cover his butt.

What I need is any information or links to information to this legislation. This affects all Illinois bowhunters, sportsman, etc.!!!!
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Old 09-27-2004, 07:00 PM
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Default RE: May lose hunting land.....need help!

According to the landowner's insurance company, if a landowner grants permission to even just one person to hunt or fish the landowner must allow anyone who asks.
This sounds wrong for a variety of reasons. First, landowner rights are one of the most powerful rights you can have as an American. Granting permission to trespass and/or hunt most certainly is not a blanket deal. Now I could be wrong, but I'd bet my next paycheck that I'm not.

Secondly, insurance companies and insurance agents do not interpret the law, nor provide legal advice of any type, so I'm at a loss as to why her company would suddenly go into the business of providing legal advice.

Coug, the whole thing sounds like a lot of hearsay to me. It is probably either the insurance agent repeating a rumor he's heard, or the landowner misunderstanding what he/she was told.

Ask to speak with the "company" in question to get first hand info before you panic or give up on your hunting spot.
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Old 09-27-2004, 07:32 PM
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Default RE: May lose hunting land.....need help!

i saw the law and i believe if you lease the land for even a small token amount the law does not apply
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Old 09-27-2004, 07:39 PM
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Default RE: May lose hunting land.....need help!

ORIGINAL: bob d

i saw the law and i believe if you lease the land for even a small token amount the law does not apply
This would work. Simply offer a few dollars. Or offer to perform a deed on the land for the land owner and as payment they let you hunt. Would this work? Goold luck to you and your hunting partners.
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Old 09-27-2004, 07:58 PM
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Default RE: May lose hunting land.....need help!

WOW...that so called law sounds like a CROCK! I know if I owned a large parcel of land, you could be damned sure I would say who would and who would NOT be on it. Let's face it folks, land is becoming scarce, and that which we can hunt on is even becoming extinct. We all know the "Golden Rule". Those with the GOLD make the rules,and real estate IS gold; especially to us hunters. I agree with the lease thing though, even if it is only for a couple of dollars, because then the leasor not the owner controls the hunting rights.
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Old 09-27-2004, 08:13 PM
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Default RE: May lose hunting land.....need help!

Cougar Mag... the solution is definitely just to get the land leased to you. If he lets you hunt for free, then he'll probably let you and your buddies pay him for exclusive hunting rights. That way, your butt is covered, and so is the landlord, and anyone trespassing gets in trouble becuase you're not just under permission, but you are under legal privilege. Just ask him if he'll lease it to you all for a cheap amount. You got this, man! I don't see how any system could argue this -MIKE
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Old 09-27-2004, 08:33 PM
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Default RE: May lose hunting land.....need help!

I would kick someone between the legs as hard as i can and run like the wind. Never look back!!
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Old 09-27-2004, 09:05 PM
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Default RE: May lose hunting land.....need help!

Update. A law was not passed. What happened was a lawsuit was filed recently and the result caused a precedent to be set. The landowner received a letter in the mail(an alert) from Farm Bureau stating that this lawsuit could result in a landowner being sued. Its the way its interpreted, but its enough its scared the landowner. He even disallowed a lease from another hunter because he might be liable in case of an accident. In talking to the landowner, he encouraged me to contact state representatives to try to do something and said Farm Bureau is working on it now. May be too late for this season. He says he just wants to be able to tell who may hunt and not have to worry about being sued.

Also......in the back of my mind I am wondering if an outfit has leased the ground, one has moved into the area just last year for the first time and is charging $3,500 per hunt.[:'(]
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Old 09-27-2004, 09:11 PM
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Default RE: May lose hunting land.....need help!

Simply offer a few dollars
The current law is quoted below from the Illinois DNR Website.

Attention Landowners: A landowner is NOT liable for injuries to anglers, hunters, trappers, campers, snowmobilers, motorcyclists or other recreational users who use this land IF a fee is NOT charged and IF the injuries were not caused by the gross negligence or willful misconduct of the landowner.
(The "Recreational Use of Land and Water Areas Act" 745 ILCS 6511-7)
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Old 09-28-2004, 07:14 AM
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Default RE: May lose hunting land.....need help!

Hazcon, according to a Farm Bureau website..............a recent court ruling says those farmers who charge a fee for access to their land are immune in reference to the court ruling, but in effect if a fee is charged than possibly a landowner is then liable in case of injury by interpretations of the DNR. A direct conflict now which jeopardizes hunting in Illinois!
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