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Post by mudstrider on Feb 27, 2008 12:46:13 GMT -5
A friend was telling me about something that their friend is dealing with... i.e. I don't have first hand knowledge of the details. Apparently, This person owns and farms land in Miami county and has a young adult son living with them. Their son shot a deer last fall and used a landowner's tag. The DNR has issued him a ticket saying that he is over 18 yrs old and according to their interpretation he no longer is allowed to use the landowner's license exemption.
Here is the verbage from the Indiana hunting guide regarding the license exemption: "Landowners, or lessees of farmland who farm that land and are residents of Indiana, their spouses and children living with them, while hunting, fishing or trapping on the land they own or lease."
This is purely an interpretation issue... What do you all think... does this guy have a chance in court?
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Post by danf on Feb 27, 2008 12:52:14 GMT -5
It's hard to say. If they are still claiming him as a "dependant" on taxes, then I don't see why they wouldn't have a leg to stand on... Especially if he is still in school.
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Post by dbd870 on Feb 27, 2008 13:01:27 GMT -5
At 18 he could still be in high school; let alone college. Who knows how they'll rule on it. I guess we need more info before passing judgement. Guess it depends on the definition of children - if it's under 18 state it clearly and upfront.
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Post by hornharvester on Feb 27, 2008 14:42:44 GMT -5
As long as he is living with his parents on the farm then he can use a land owners tag. h.h.
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Post by SSNFA on Feb 27, 2008 14:52:31 GMT -5
My guess is that a precident setting case just like this has already been decided.
It will be up to the son to prove to the court that he had legal residence at the time of the ticket. Such as all his mail being delivered and or it being his legal address for tax/W2 purposes.
My guess also is that we don't know the whole story.
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Post by drs on Feb 27, 2008 15:12:58 GMT -5
As long as he is living with his parents on the farm then he can use a land owners tag. h.h. I agree, "hornharvester"!!! It sounds like some sort of "legal trap" made-up by the State. If the State of Indiana wants property tax paying individuals, who own the land they hunt on, pay for a Deer Tag, then they should be more clear. When I started hunting on my own property I called up the IDNR and asked if I needed to buy a License to hunt Deer on my own property. The person, I spoke to, said if I live there then I am not required to buy a License. The same should apply to this young Hunter also!!
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Post by danf on Feb 27, 2008 15:34:28 GMT -5
As I understand it, the land must be used for agricultural purposes though. When I called about that several years ago, there is no acreage restriction, but it must be used for ag purposes.
I know I've seen one of the CO's reference this in their forum in the past. Now what that ag purpose is or can be, I don't know. You could probably claim it as a woodlot (for firewood) and be fine, but I don't know for sure. Probably depend on the CO.
I would have to agree on this as well.
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Post by firstwd on Feb 27, 2008 15:42:34 GMT -5
If he does qualify as a "dependant" for tax purposes, is not listed on the Tax record, or can not prove where he leases the land not just a residence, then he is not eligible for the landowner permit.
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Post by danf on Feb 27, 2008 16:04:28 GMT -5
You mean "If he does not qualify....", right?
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Post by huxbux on Feb 27, 2008 17:21:07 GMT -5
Unless this is the case:
Seems to me the DNR is splitting hairs here and it would do well to focus it's enforcement efforts in a more effective direction.
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Post by freedomhunter on Feb 27, 2008 17:37:01 GMT -5
I'd say there is more to it than is being shown here.
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Post by duff on Feb 27, 2008 20:21:02 GMT -5
Yea, these types of scenerios usually have a different twist originally then what was told to you. No one is ever guilty in the stories, it is usually the MAN tring to squeeze the little people out of a few more turnips.
If the real story is represented as told to you then the case should be a slam dunk.
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Post by firstwd on Feb 27, 2008 21:01:04 GMT -5
Yes, "if he does not"...... I guess I need to proof read better. I agree that there must be more to the story. Somethng had to happen to even bring this to the CO's attention.
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Post by jim1966 on Feb 27, 2008 22:51:41 GMT -5
If he's a kid living in the house looks to me like tear up the ticket.
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yaz
Full Member
Posts: 67
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Post by yaz on Feb 27, 2008 23:15:26 GMT -5
Even if the kid doesn't live at home, but derives any kind of income, or has an controlling interest in the farming operations, he should NOT need a license. I suspect there are some other issues here.
Yaz
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Post by cambygsp on Feb 28, 2008 5:48:24 GMT -5
I would say we don't know the whole story.
Did the address on his drivers license match the property he was hunting?
Was the deer actually killed on that property?
Was the deer checked within 48 hours?
Lots of unknowns for anyone here to pass judgement
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Post by Woody Williams on Feb 28, 2008 7:45:12 GMT -5
Depends on what the definition of "children" is.
More to it than meets the eye here.
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Post by drs on Feb 28, 2008 8:22:10 GMT -5
If he's a kid living in the house looks to me like tear up the ticket. It's funny inthat there was no problems with Landowner's Hunting on THEIR own property untill "Mitch Daniels, Jr. became Governor. Didn't he more or less "Gut" the IDNR??? I also think that Kid should just tear up the ticket and send it back to them with a note telling them to "Go Pound Sand"!!
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Post by trapperdave on Feb 28, 2008 10:01:21 GMT -5
Alot of people here seam to think you have to live at the property, not so. As long as he lives with mom and dad and its a farm(ag property) he doesnt need a liscence, whether the house sits there or they live 20 miles away.
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Post by drs on Feb 28, 2008 10:14:20 GMT -5
Alot of people here seam to think you have to live at the property, not so. As long as he lives with mom and dad and its a farm(ag property) he doesnt need a liscence, whether the house sits there or they live 20 miles away. How about if one's land is classified as "Zoned Ag." ? I know several people who have land that is zoned Ag, here & in Ky and they have no farming operations. Just acres.
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