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Landowner Liability

ElkHunter

Life Member
ACCESS/RECREATIONAL TRESPASS LIABILITY FIX. Recently the IOWA Supreme Court handed down a decision that a landowner could be sued for allowing access to someone who is injured on their property. This threw out the liability protection given to landowners by Iowa Code in the “Recreational Tresspass” law that has long been held to protect landowners (in most situations) allowing access for recreational and other pursuits. Farm Bureau and County Extension offices are already advising landowners NOT to allow people on their property. This will have a chilling effect on hunting, trapping and fishing access on private lands unless the problem is addressed – as is now being attempted in the House and Senate (see below). All Iowa conservation groups and farm organizations will want to see this new legislation protecting landowners passed (HSB 201, SSB 1232, LANDOWNER LIABILITY). Please contact your Representatives and Senators to support this important legislation.
HSB 201, SSB 1232, LANDOWNER LIABILITY. Construes Iowa Code 461C (public use of private lands) broadly in favor of private landowners in order to encourage landowners to allow public use of lands for recreational and educational. The bill is in response to the recent Iowa Supreme Court decision in Salle v Stewart. Passed HAgC. Likely to be referred to HJC. Amended & passed SNRC. The amendment conforms the SSB to the HSB.
 
Those who need a place to hunt may be impacted. It makes me rethink my wanting to be generous with the cost of doing so.
 
Those who own a place WILL BE IMPACTED.
Those who want a place to hunt MIGHT be impacted.

All of us need to get on board. Thanks, Randy, for sharing this with us.
 
Just out of curiousity- does anyone know what the case was about (details) that went to the supreme court?!? Lawsuit happy society & astounding someone would sue the landowner that let them hunt!!
 
Just out of curiousity- does anyone know what the case was about (details) that went to the supreme court?!? Lawsuit happy society & astounding someone would sue the landowner that let them hunt!!

Thre was another thread where this was mentioned. I remember linking the case to it but now I can't find the thread.


Found it:

In the Forest Reserve thread. There are a couple of links.
 
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Makes a lot of sense... Idiots at Farm Bureau want all the deer dead but they lobby to make it harder for hunters to find a place to hunt... Their way of thinking is about as dumb as obama's
 
Makes a lot of sense... Idiots at Farm Bureau want all the deer dead but they lobby to make it harder for hunters to find a place to hunt... Their way of thinking is about as dumb as obama's

From my understanding, the Farm Bureau is upset about the Supreme Court decision and wants to CONTINUE not being held liable for recreational use of their property.

The Supreme Court case:
Sallee v. Stewart





Justia.com Opinion Summary: While accompanying students on a field trip to a dairy farm, a chaperone (Plaintiff) was injured when she fell through a hole in the floor of a hayloft. Plaintiff filed a negligence suit against the dairy farm's owners (Defendants). The district court granted summary judgment for Defendants, concluding that Iowa's recreational use statute barred Plaintiff's claims. The court of appeals agreed that Defendants' property was covered by the recreational use statute, that Plaintiff was engaged in a recreational purpose, and that Defendants had not willfully or maliciously failed to guard or warn against a dangerous condition, but the court found that Plaintiff could still maintain a suit against Defendants as tour guides. The Supreme Court vacated the decision of the court of appeals, reversed the judgment of the district court, and remanded, holding (1) recreational use immunity did not extend to Defendants because Plaintiff was not engaged in a recreational purpose within the scope of the statute; but (2) Plaintiff had not raised a material issue of triable fact as to whether Defendants willfully or maliciously failed to guard or warn against the presence of the hole
 
Why is there not more talk about this? I'm already seeing the effects of this. If you aren't lucky enough/ well enough off to own your own land to hunt on this may be the end of hunting as we know it. I was wondering what everyone is planning on doing. I haven't heard a sure fire way to get around this. I was hoping to go to my lawyer and have him right up a release of my liability to give land owners but after talking to others I've found the main concern will be my insurance company sueing the land owner not myself. Just looking for ideas from others that will be dealing with the same issue I am. Thanks.
 
Skip 1 bowtied will take that doc and wipe the landowners butt with it. No release will wipe away the sc ruling. A landowner just cant risk it anymore.
 
I have ran into to being denied access already. Asked a local farmer who I have known for the past several years to shed hunt a couple of months ago and he said a flat "NO" I can't risk the liability. He said if the situation ever changes I could be on his ground without question. Sucks that sue happy people have to ruin it for everyone. Hope it gets changed.
 
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Under interesting read on 04/18/13 I said the Iowa legislature would fill this void and they did. The Gov will sign.
 
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