Hunting Leases in Oklahoma Hunting Leases in Oklahoma Increase in

Hunting Leases in Oklahoma Hunting Leases in Oklahoma Increase in hunting leases on agricultural land in Oklahoma & around the country University of Arkansas Department of Agricultural Economics and Agribusiness Good source of extra income to the landowner Also a good source of additional liability if not properly approached Basics of Hunting Leases Hunting leases are essentially contracts between two parties Hunting and fish and game laws in Oklahoma should also be consulted Basics of contract and property law are assumed The Contract Any hunting lease (the basic contract) should contain the following: Landowner’s name & address Hunter’s name & address Who is entitled to enter the landowner’s land for the purpose of hunting List the name of the hunter List the name of the other allowed guests List of other agents, employees, invitees, or visitors The Contract Property description Specific legal description, including county and state Might want to attach a map The Contract Rent: How is payment to be made $ for the entire period and payment due date $ for each week and payment due date $ for each month and payment due date, or $ for each person and payment due date Duration of the lease Beginning and ending date that hunter is allowed on the property The Contract Security deposit Is one required? How much? When is it due? The Contract Is the hunter required to maintain insurance covering his/her use of the property? If yes, what are limits for bodily injury and property damage that the Landowner will require? If yes, the hunter should provide the Landowner with a copy of the policy and/or the name, address & telephone number of the insurance company Restrictions on use Is hunting restricted to certain game? Is hunting restricted to certain seasons? The Contract Or, is the landowner carrying the insurance? If so, lease rental amounts should incorporate insurance fees General Policies Consider including “general policies” or “general rules” in the hunting lease: Safety – expectations of conduct – requirements for attending hunting safety course Good neighbor relations – restrictions on placement of stands – settling disputes with neighbors Signatures of the parties are required Have These in the File! For all officers, agents and members of a hunting club that is leasing the property, have the following: Name Address Driver’s license number Date of birth Contact information Include “Do-Nots” in the Lease Don’t damage trees, crops, buildings, fences, roads, or improvements Don’t feed the animals! Don’t cut growing timber Don’t build permanent structures Don’t sublease Don’t litter Don’t leave the gate open Don’t break hunting, fishing or game laws Others… Include “Do-s” in the Lease: Report law violations to the landowner Restrict use of vehicles from areas that shouldn’t be disturbed Restrict release or stocking of animals not sanctioned by state law or the landowner Communicate frequently with the landowner Allow access at all times to landowner and his/her employees and agents Others… Each Hunting Lease is Different Year-round leases Limited duration leases Day hunting leases Guided hunts Leases allowing general recreational access Before Executing a Hunting Lease Identify what your goals are for the property Identify whether adequate game populations exist on the property Interview potential lessees Determine your price Develop your written agreement Also…. Identify any special concerns you might have & incorporate them into the lease Determine how you will monitor wildlife populations on the property Set up an accurate recordkeeping system for your leases Other Provisions of a Lease Is the hunter’s use exclusive? What are the hunter’s requirements vis-àvis adjoining landowners or others using the property? Cancellation terms With cause (how is “cause” defined) Without cause – usually requires 30/60 days written notice by either party with proration of lease rental Additional Contract Concerns… Avoid informal arrangements with users of your property Contracts should contain indemnification agreements so that the landowner can be indemnified for any bodily injuries or property damage the user may cause while using the property (covering fees & expenses) Additional Contract Concerns… Indemnifications only work if the party indemnifying you is solvent! Anyone injured by the user is not bound by the indemnification agreement – this is only between you as landowner and the recreational user Insurance The landowner should seek out liability coverage for hunting and fishing activities on private land Typically, hunting lease activities will be covered under an endorsement to your general liability policy Covered as an “incidental business pursuit” Additional Insurance Concerns… “Incidental business pursuits” may be tied to gross receipts for the activity Gross receipts for the activity may be limited in amount Consult with your insurance provider May have to upgrade your existing policy, seek out endorsements for recreational activities, or seek out insurance carried by specialized brokers May have to self insure Exclusions from Coverage Read your insurance policy careful and engage in dialogue with your insurance broker Some policies may have exclusions from coverage for certain types of injuries occurring on the property Some excluded injuries may be common in recreational pursuits May need excess coverage or umbrella policy Read carefully and ask questions! User Insurance Consider requiring the user (lessee) to furnish their own liability coverage Particularly applies when dealing with hunting or fishing clubs User might be able to purchase insurance only for the period they use your property Common Sense Measures If you require the user (lessee) to carry insurance, employ some common sense measures: Keep a copy of the user’s insurance policy and make sure the policy is current Read the policy and make sure it covers the activities contemplated by the lease More Common Sense… Make sure the policy is with a reputable firm and financially solvent insurance company Make sure you are the named insured Make sure the users follow the terms, conditions and provisions of the policy Make sure the policy indemnifies you if a judgment is obtained against you More Common Sense… Make sure the policy covers your legal fees and expenses if you are sued Make sure the policy specifically identifies the land where the hunting/fishing will take place Make sure the users confine their activities to the location in the policy Releases Consider having all users also sign a release Releases the landowner from legal liability for injuries the user may receive while on your property This is also a contract and requires consideration and a meeting of the minds in order to be upheld Risk Management Risk management measures will lessen your liability exposure Don’t assume all users have common sense Don’t assume that users will be cognizant of obvious dangers on the property Risk Management… Conduct routine safety audits Remove potentially dangerous objects Fill in abandoned wells and holes Fence of dangerous areas Post warning signs Make sure all hunters wear appropriate clothing and are aware of other hunters that might be on the property Keep livestock separate from users More Risk Management… Deal with “attractive nuisances” such as barns, ponds, machinery…require children be supervised at all times Revisit the “do-s” and “don’ts”…make a list and give it to all users…make sure they read your list Screen your employees and make sure they know their responsibilities First aid plans are necessary as is training in emergency response A Word about Alcohol Alcohol (and for that matter drug usage) and hunting DON’T mix! Don’t allow it! Make sure all contracts specifically deal with this issue! Why You Care about Liability As a landowner, you may be held liable for injuries for those coming onto your property Entrants onto your land fall into categories: Trespasser Invitee Licensee Trespassers Someone who enters or remains on your land without your consent Someone who hunts on your land without your consent Someone who enters upon your land to commit a crime At common law, the duty of care to these individuals is slight, but not non-existent Duty of care increases if the trespasser is a child Trespassers You can’t intentionally injure a trespasser You can’t use more force than is necessary to remove a trespasser You can’t recklessly endanger a trespasser Child trespassers are owed a higher duty of care Licensees Licensees are those entering upon your land with your permission and for their own purposes or business interests Social guests Unsolicited sales persons Hunters permitted to hunt without paying fees to the landowner Licensees Duty of care is greater than that owed to trespassers Can’t intentionally injure a licensee or recklessly endanger a licensee Should take steps to warn the licensee of dangers conditions on the land Invitees Invitees are those coming onto the land at the express or implied invitation of the landowner Invitees come onto the land for the landowner’s financial benefit Owed greatest duty of care Covers those charged a fee for hunting or other recreational use of the land Invitees Invitees count on the landowner taking reasonable steps to ensure the premises are safe Should warn of existing and known dangers & eliminate any dangers you can Oklahoma Recreational Use Statute Oklahoma Statutes Title 2 § 16-71 All recreational use statutes, including Oklahoma’s, are designed to encourage landowners to make areas available to the public for recreational purposes and to limit the landowners liability to the user for injuries associated with that use Oklahoma Statute, cont… Any landowner who directly or indirectly invites or permits anyone to use his/her land for recreational purposes does not extend any assurance that the lands or premises are safe for any purpose Permission doesn’t confer the status of “invitee” or “licensee” to whom a duty of care is owed Oklahoma Statute, cont… The statute creates a protection to the landowner for permitting recreational use land Owners don’t assume responsibility for or incur liability for injuries to persons or property caused by the user (hunter) Liability is not incurred by the landowner for natural or artificial conditions, structures, personal property on the land Oklahoma Statute, cont… If you maliciously fail to guard or warn against ultrahazardous conditions or activities you may still be liable Users of the land are still required to exercise care in their use of the land and in their activities Landowner’s immunity from liability exists when you permit use of the land “without charge” to the user Oklahoma Statute, cont… “Charges” includes admission price or fees for permission to go upon or use the land, but does not include: License or permit fees imposed by governmental units for regulating the use of the land Oklahoma Statute, cont… Since charging for recreational use of land may affect your immunity from liability under the recreational use statute, it is essential for the landowner to explore other means of limiting liability, such as through: Agreements between the parties Insurance coverage Presentation References University of Arkansas Department of Agricultural Economics and Agribusiness; Fayetteville, AR Janie Hipp; 217 AA Agriculture; jhipp@uark.edu Sources for More Information Oklahoma Department of Wildlife Conservation http://www.wildlifedepartment.com/ U.S. Fish and Wildlife Service http://www.fws.gov OSU Extension http://pearl.agcomm.okstate.edu/wildlife/