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Post by bigballer on Dec 28, 2005 12:58:27 GMT -5
I have a question or actually two. Someone other than a conservation Officer might be able to answer this one. I hunt on my grandparents land. I was wondering what exactly the rules or laws are about being able to use land owner permits or such. Like if there was any way to hunt on that land without having to buy a license?
My second question is I have a friend that leases a couple hundred acres of land. He doesn't pay anything for the lease but the lease is set for him to do the up keep on the property like fixing things or running trespasers out and such things like that. My question is would he be able to hunt that without having to buy a license? Just wondering! Thanks !!
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Post by icowinchell on Dec 29, 2005 20:12:14 GMT -5
Big Baller,
The law allows for several license exemptions. However the two situations that you discussed do not meet the requirements for a license exemption. The first situation the exemption only applies to the landowner, their spouse and children living with them. If you hunt on your grandparents land you must have a hunting license.
The second situation you mentioned also does not meet the requirement for a license exemption. The key words are "lessee of farmland who farms that land". Your friend does not have a written contract nor does he farm the land. I have attached the law at the bottom of my reply, please take a look at it. If you have more questions after reading it please feel free to ask another question.
Thank you for the question, it may not have been the answer you were looking for but I will try never to lead you astray.
ICO Max Winchell
IC 14-22-11-1
"Farmland" defined; license requirements and conditions
Sec. 1. (a) As used in this section, "farmland" means agricultural land that is:
(1) devoted or best adaptable for the production of crops, fruits, timber, and the raising of livestock; or
(2) assessed as agricultural land for property tax purposes.
(b) An individual may not take or chase, with or without dogs, a wild animal without having a license, except as follows:
(1) An individual who is a resident or nonresident of Indiana while participating in a field trial that has been sanctioned by the director is not required to possess a license while participating in the trial.
(2) Subject to subsection (d), an owner of farmland located in Indiana who is a resident or nonresident of Indiana and the spouse and children living with the owner may hunt, fish, and trap without a license on the land that the owner owns.
(3) A lessee of farmland who farms that land and is a resident of Indiana and the spouse and children living with the lessee may hunt, fish, and trap without a license on the leased land. This subdivision does not apply to land that is:
(A) owned, leased, or controlled by; and
(B) leased from;
the department.
(4) An individual who:
(A) is less than thirteen (13) years of age;
(B) does not possess a bow or firearm; and
(C) is accompanying an individual who:
(i) is at least eighteen (18) years of age; and
(ii) holds a valid license;
may chase a wild animal without having a license.
(c) The exceptions provided in this section do not apply to a commercial license issued under this article.
(d) The right of a nonresident who owns farmland in Indiana (and of the spouse and children who reside with the nonresident) to hunt, fish, and trap on the farmland without a license under subsection (b)(2) is subject to the following conditions:
(1) The nonresident may hunt, fish, and trap on the farmland without a license only if the state in which the nonresident resides allows residents of Indiana who own land in that state to hunt, fish, and trap on their land without a license.
(2) While hunting, fishing, or trapping on the farmland, the nonresident must keep proof that the nonresident owns the farmland (for example, a tax receipt identifying the nonresident as owner) in a place where the proof is readily accessible by the nonresident.
As added by P.L.1-1995, SEC.15. Amended by P.L.139-1997, SEC.1;
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