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Post by danf on Feb 29, 2008 15:25:20 GMT -5
If the lease is specifically for an ag purpose, then yes, no license is required.
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Post by drs on Feb 29, 2008 15:56:09 GMT -5
So if a fella leases the woods to a farm, grows some flowers in those woods and sells them to whoever does that give him the right to hunt free? The whole thing sounds rather stupid to me! This is just the State of Indiana's feeble attempt to trap some Hunters that pay property taxes, on the land they own, and hunt on. THANKS ALOT "MITCH"!!!
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Post by Deleted on Feb 29, 2008 16:11:34 GMT -5
A farm will show "farm income or loss" on a Federal tax return. Those leasing land for hunting won't. Simple landowners won't. The passage in the guide is simple enough, but you need to check the actual rule of law to see what it says, sometimes, the guides are just a summery.
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Post by indianahick on Feb 29, 2008 16:55:32 GMT -5
While not a big fan of Mitch's, I really do not think he had anything to do with writing the ticket. There is something missing here. To me if Mom and Dad own it and son lives there and it is classified as farm then ticket should be bogus. As far as I personally am concerned that includes Gram-ma and Grandpa as long as you live there and do some work on it or are in school, college included. If you are in college and living in a dorm or apartment (unless you stay there all year) it still should be considered as your home. Now if you live in an apartment and have a job and do not return home when school is not in session (summer) then you do not live there and are in need of a license. My opinion.
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Post by duff on Feb 29, 2008 18:01:30 GMT -5
312 IAC 9-2-14 Fishing, hunting, and trapping without a license by owners and lessees of farmland Authority: IC 14-22-6-1; IC 14-22-11-1 Affected: IC 14-22 Sec. 1. (a) An owner or a lessee of farmland, and immediate family members of the owner or lessee, if exempted under IC 14- 22-11-1, may: (1) fish; (2) hunt; or (3) trap; on the farmland without obtaining a license under this article. (b) As used in this section, "owner" means either: (1) an individual listed on the tax assessment roll and whose name appears on the title to the property; (2) a business entity whose shareholders, partners, members, or owners are comprised solely of the members of an immediate family. (c) As used in this section, "lessee" means either: (1) an individual to whom a lease is made for the farmland and who farms that land; (2) a business entity to which a lease is made for the farmland and whose shareholders, partners, members, or owners are comprised solely of the members of an immediate family who farm that land. (d) As used in this section, "business entity" means: (1) a corporation; (2) a limited liability company; (3) a partnership; or (4) any legal entity organized for a profitable or charitable purpose. (Natural Resources Commission; 312 IAC 9-2-14; filed Jun 23, 2006, 2:24 p.m.: 20060719-IR-312050214FRA)
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Post by duff on Feb 29, 2008 18:06:33 GMT -5
I will retract my earlier comment. Strait from the administrative code it clearly states a "landowner or leasee of farmland" as one party.
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Post by duff on Feb 29, 2008 18:11:25 GMT -5
Farmland means agricultural land that is devoted or best adaptable for the production of crops, fruits, timber, or the raising of livestock; or is assessed as agricultural land for property tax purposes
Based on the last part of that statement in the regs doesn't require the landowner to "farm" at all IMO. If the property is assessed as ag land. Isn't nearly everything except residental or business/comercial assessed as Ag land?
Really we have wasted plenty of time on this it really isn't that big of a deal and definately not promoted due to DRS's man Mitch!
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Post by gundude on Feb 29, 2008 18:24:16 GMT -5
LOL. sure it is....... It is also his fault that land owners lease thier land to the high bidder and the fact that gas will soon be 4.00 a gallon!.lol
PLUZZZZZZZZZ someone in the Gov. take care of MEEEEEEE and my needs and/or should I say wants!
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Post by RiverJim on Mar 1, 2008 4:30:33 GMT -5
So if a fella leases the woods to a farm, grows some flowers in those woods and sells them to whoever does that give him the right to hunt free? The whole thing sounds rather stupid to me! This is just the State of Indiana's feeble attempt to trap some Hunters that pay property taxes, on the land they own, and hunt on. THANKS ALOT "MITCH"!!! I may be wrong (but I'm pretty sure I'm not here) but I don't think Mitch had anything to do with writing this rule!
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Post by drs on Mar 1, 2008 8:06:31 GMT -5
Farmland means agricultural land that is devoted or best adaptable for the production of crops, fruits, timber, or the raising of livestock; or is assessed as agricultural land for property tax purposes Based on the last part of that statement in the regs doesn't require the landowner to "farm" at all IMO. If the property is assessed as ag land. Isn't nearly everything except residental or business/comercial assessed as Ag land? Really we have wasted plenty of time on this it really isn't that big of a deal and definately not promoted due to DRS's man Mitch! Good post, Duff. However I have been made aware that even if one owns just three acres they can actually hunt on their own land without having to buy a license. NOW, how on earth could someone grow anything and still be classified as a Farm?? I have 15 acres total, where I live, and hunt on eight of that 15 acres. My Brother and I have a great number of Azaleas & Rhododendrons plus Holly that we developed and regestered with the Holly & Rhododendron Societies. So does my land qualify as "Ag" land, even though I am retired?? Also, as I've said; I've been Hunting Deer on my property for since 1997 and have encountered no problems. Really we have wasted plenty of time on this it really isn't that big of a deal and definately not promoted due to DRS's man Mitch!For the record, I didn't vote for "Mitch" and I feel this thread is NOT a waste of time of discussion. Those of you who find it pointless or boring can do me a favor and NOT even read it.
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Post by Woody Williams on Mar 1, 2008 8:39:06 GMT -5
If memory serves me correctly and sometimes it does fail the wording was changed a couple years ago to make sure it was family/farming leasees hunting the farms. This was in answer to a bunch of hunters getting together and buying ground for the expressed purpose of hunting. It had stated that them and all of their families did not have to buy tags or licenses. Bascially the IDNR was subsidizing the "hunt clubs". Jackc99 can probably fill us in on that.
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Post by drs on Mar 1, 2008 8:48:51 GMT -5
Thanks, Woody!
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Post by dadfsr on Mar 1, 2008 21:44:33 GMT -5
I had also thought that you had to own a minimum of 25 acres....gonna have to get the regs out again and check.
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Post by danf on Mar 1, 2008 21:47:55 GMT -5
No, there is no minimum. Regs do not say anything about minimum, and I specifically asked when I called the DNR after we moved down here. I know I've told you that before, but you've probably slept since then...
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Post by indianahick on Mar 1, 2008 23:26:13 GMT -5
It has probably been changed but I think that at one time anything less than 10 acres was considered a hobby farm. But that was maybe 30 or so years ago. Anybody else remember that rule. Could just have been a property tax thing too.
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Post by drs on Mar 2, 2008 6:35:58 GMT -5
I had also thought that you had to own a minimum of 25 acres....gonna have to get the regs out again and check. I believe you're correct on this, "dadfsr". I recall that the IDNR set a minimum of some 25 acres, then later changed it to less than 25 acres. Back in 1997, when I started hunting on my property, due to the increase in Deer population. I call up the IDNR, to see if I would qualify, as not having to buy a Deer License. The nice lady I spoke to said I didn't need to buy a license IF I lived on the property She said they changed the law due to the increase in the Deer population in many counties. Now if they did change it back, for whatever reason, I wish they would be more clear. Like I said, I always buy a General Hunting License each year, and if the State wants us Property Owners, who pay property tax, to purchase a Deer Hunting Licenses then I wish they would come out and say it instead of beating around the bush with double-talk. I am think about writting my Represenative and asking about this.
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Post by duff on Mar 2, 2008 9:32:48 GMT -5
Call the DNR they will be the ones to enforce the rule.
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Post by drs on Mar 2, 2008 10:20:17 GMT -5
Call the DNR they will be the ones to enforce the rule. I am thinking about calling BOTH!
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Post by duff on Mar 2, 2008 10:22:39 GMT -5
good idea.
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Post by Woody Williams on Mar 2, 2008 15:44:47 GMT -5
According to COs on here and other places..
Property size is not an issue.
If it qualifies otherwise an acre is plenty.
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