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Your experience with getting permission for private land?

Discussion in 'Bowhunting Talk' started by PrimePorkchop, Oct 20, 2011.

  1. PrimePorkchop

    PrimePorkchop Weekend Warrior

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    I've recently gotten back into Bow Hunting after too many years away (I hunted a lot as a kid, and through high school, but after school, things got too busy around deer season with work)

    Anyways, the land I used to hunt (down near Cave In Rock, Illinois) is no longer available to me since it's been sold, so i've been trying to find private land to hunt on, and I keep running into bad luck!!

    Right now, im able to hunt in a big grassy field. While it has some decent activity, im trying to maximize my opportunities, and would LOVE to get some wooded area, but I keep getting shot down every where I turn.

    The biggest unfortunate part is that I don't know anyone, personally, who has any wooded area that is not already claimed by them & their families, so im relying on strangers.

    I think the biggest reason I keep getting shot down is peoples fear of if I get hurt, i'd try to sue them...I can tell you that, for sure, that is not something I'd do, but im even wondering if it is something I *could* do? Their fear just seems unwarranted to me in every way...so im wondering:

    Those of you in similar situations (if any?) What are the secrets to your success?

    I've tried offering part of whatever I harvest. I've offered money...but every time I ask, I always get the standard "no" and sometimes get the "I don't support killing Gods creatures".

    I know it's a silly thing to ask for advice in a forum on a topic like this...but im really out of other ideas at this point.
     
  2. liwhitetail

    liwhitetail Weekend Warrior

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    if you think it may be due to the injury aspect you can bring them a form that you sign stating that they will not be liable in any way for your actions
     
  3. Vendetta

    Vendetta Die Hard Bowhunter

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    Buy personal liability insurance, and show the land owners when you ask that you have it. That way they know you're covered if something happens, and that it won't be their liability. Also, mention in addition you'd be willing to sign something stating they wouldn't be liable. The combination of the insurance, with a signed waiver, just might get you past that speed bump.

    Also, to answer your question: Yes, if you were hunting on their land, and you fell and hurt yourself, you can sue their insurance. They carry liability insurance on the land, much like you carry on your house. If someone gets hurt in your house, they can sue you. Dumb? Probably, in most cases. True? Absolutely.
     
  4. gltomp

    gltomp Grizzled Veteran

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    Try using this form... it has worked for me many times. Good Luck.

    Say... how do you attach files to this forum?

    PERMISSION TO HUNT & WAIVER OF LIABILITY

    The undersigned person, _________________________________, hereinafter referred to as HUNTER, is granted hunting access to property located at: ________________________________________________
    in ________________________township(s), and owned by, ____________________________________ hereinafter referred to as LANDOWNER.

    The HUNTER is presumed to be knowledgeable of local game laws, and promises LANDOWNER to abide in only fair-chase, ethical, and legal, hunting activities while on above listed property.

    The HUNTER affirms that access to the above property is by his/her own volition and risk, and waives any present or future claim regarding any liability resulting from access to, or while on, said property, and agrees to hold LANDOWNER or LANDOWNER’S heirs, assigns, or employees, lessees or agents, harmless for granting access permission to the above property. The HUNTER accepts the responsibility to abide by any specific wishes, directions and/or behaviors from said LANDOWNER as so listed below: _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

    If the law in the controlling jurisdiction renders any part of this Agreement unenforceable, the remainder of the Agreement shall nonetheless remain enforceable to the full extent, if allowed by that controlling law.

    BY AFFIXING HIS/HER SIGNATURE, THE RELEASING PARTY CERTIFIES: THAT HE/SHE IS LEGALLY COMPETENT TO SIGN THIS WAIVER OF LIABILITY; THAT HE/SHE UNDERSTANDS THE TERMS HEREOF - THAT THEY ARE CONTRACTUAL AND NOT A MERE RECITAL; AND THAT HE/SHE HAS SIGNED THIS WAIVER OF LIABILITY BY HIS/HER OWN FREE WILL.


    ___________________________________ ___________________________________
    Hunter Landowner

    ___________________________________ ___________________________________
    Date Date


    If either of the above parties wishes to have this document witnessed; the following is for that purpose:


    ___________________________________ __________________________________
    Witness Date
     
  5. Tnewsom10

    Tnewsom10 Newb

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    From another aspect of this topic. Being a personal private land owner, When people ask to hunt on my land two or three issues always come up as soon as they ask. I think if what if they get hurt as people stated above me they could sue me, but the waver and insurance could take care of that. The second issue is if i am not there and they go hunting, they could kill a deer and go on and not say anything to me and just keep killing and killing. (Don't get me wrong I'm not saying you will do this at all, just a issue that comes to mind). And third is if i take my little nephew hunting, i always will have to worry about where the other hunter is, or if he would have brought a friend without me knowing. Just a few issues i thought i would bring up for you to think about and to help you. Good luck on finding a place!
     
  6. PrimePorkchop

    PrimePorkchop Weekend Warrior

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    Thanks on the forms & liability insurance ideas...not really sure why I never considered that myself! I'm going to give those a try and see if I come up with anything.

    Thank You!!!
     
  7. tynimiller

    tynimiller Legendary Woodsman

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    I've had great success and getting polite responses and a bunch of "ask next year, as this year it's taken" by writing letters, and not just showing up at their doors. Writing an organized letter allows the landowner the ability to analyze your character through how you describe yourself, your approach in the letter and simply by the fact you tried to not be rude or intrusive and just show up.

    I first briefly introduce myself before proceeding to the meat of the letter, creates a more personable feel.

    I then explain my desire to hunt their property, but I don't stop there! You then have to acknowledge they may be hesitant to allow you, and then explain why it is in their best interest; as well as the local deer herd's. I discuss how if allowed to hunt, I will provide a form signed which releases any and all liability on their end towards anything that involves myself while on their property. I also always discuss my conservation minded approach to hunting and the high standards I hold myself accountable to when it comes to hunting regulations.

    I always end my letters with something like this,

    "I realize that it is impossible to completely judge my character or disclose everything that may help in your decision making, so if you would like to meet face to face I'd be more than happy to and you can reach me at any of the contact methods I've put below. Thank you for at least taking some time out of your day and reading this. I wrote this letter in hopes that it would allow you a better opportunity to think it over and possibly discuss it with your spouse (if the property is owned by a H&W), rather than me just showing up on your doorstep at possibly an inopportune time."

    After my signature I always put a phone number, return address and also an email address they can reach me at.

    *ALSO STRESS ONLY BOW HUNTING...IT'S EASIER TO GAIN BOW HUNTING PERMISSION AND THEN WORK TOWARDS FIREARMS THEN GO STRAIGHT TO FIREARMS.
     
  8. jake47591

    jake47591 Newb

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    tynimiller you almost convinced me to let you hunt out of MY stand. haha. Great post!
     
  9. Hoythews71

    Hoythews71 Weekend Warrior

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    You know, Im 100% convinced theres no one method that works better than another. In the last two years, Ive sent out 130 letters to landowners and made follow-up visits to each letter. Of those 130 landowners I contacted, Ive only received permission on 1 property.

    Along my travels to landowners houses of those follow-up visits, Ive stopped at about a dozen random properties and asked permission to hunt. Didnt get anything that way.

    For all you baseball fans out there, that means Im batting about .007! Less than 1%! What makes this difficult for me is I dont have the time to establish a relationship with a landowner. Im active duty Navy, and by the time Im able to establish a good relationship with a landowner, its time for me to transfer. I grew up hunting public land, and I would do it again, but theres a severe lack of huntable public land in NE Illinois. Its about as frustrating as can be, and it got so bad after my first summer here, that I almost quit looking and just paid for an outfitted hunt, which I really couldnt afford in the first place.
     
  10. DeathFromAbove

    DeathFromAbove Weekend Warrior

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    If liability is the main issue for you as an Illinois resident this could be of some help. 745 ILCS 65/1-7 “The Recreational use of land and water act”. This act states that a land owner is NOT liable for injuries to anglers, hunters, trappers, campers, snowmobilers, motorcyclists or other recreational users who use this land IF a fee is NOT charged and IF the injuries were not caused by the gross negligence of willful misconduct of the landowner.
     
  11. liwhitetail

    liwhitetail Weekend Warrior

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    tynimiller i like it brother thats some ood stuff and i just saved that to my computer for future needs thanks lol!
     
  12. Lastoneout

    Lastoneout Grizzled Veteran

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    Just go ask ... wear street clothes, be straight forward and tell them your intentions, tell them its strictly bow hunting, and most importantly dont Fo it all like it is ur job find common connections create small talk. If some one allows me to hunt there land I always pay it back some way, fences, groundhogs, trespasses, etc ill do things that may or may not go unnoticed until I tell him or he goes to do it. I had a land owner stop me me the other day and ask if I had been killing groundhogs I said Yessir he was pretty happy with that cause they had been eating his ole ladies garden.
     
  13. tynimiller

    tynimiller Legendary Woodsman

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    What's your address and how much is a whitetail Non-res tag? I'll see if I can come visit! haha!
     
  14. PrimePorkchop

    PrimePorkchop Weekend Warrior

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    All of these replies are why I love this website (im a long time lurker, but pretty new member) Thank you all for the ideas, im drafting a letter right now, as we speak, and im absolutely including this Illinois law in there with it.

    You guys rock.

    Bow Hunt or Die!
     
    Last edited: Oct 21, 2011
  15. PrimePorkchop

    PrimePorkchop Weekend Warrior

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    Here is the letter I have drafted...if anyone has the time, or the desire, could you please give it a look over and offer suggestions for improvement? I want to get this right on the first try! =) (p.s. I know that some may disagree with my comment about hunting with a fire arm, and thats completely fine...its just how I feel about hunting) :moose:




    Dear Sir or Madam,

    First, I want to thank you for taking the time to open and, hopefully, read this letter. My name is ________________. I have been a resident of the ______________ area pretty much my entire life. I’m 28 years old and have been very happily married for 5 years now. I happened to be driving down the road the other day, and I noticed your property had some amazing looking wooded area, and I felt compelled to write you a letter requesting permission for bow hunting.

    I realize it is probably very weird for me to write you a letter requesting such a thing, but my main objective was to give you as much time as you needed to give it consideration, instead of showing up at your door as a total stranger, possibly putting you on the spot, and making you uncomfortable or interrupting at the wrong time.

    I know this request brings with it some concerns on your part, and I just wanted to take a moment of your time to try and lay some of those concerns to rest. The most common concern for such a request is homeowner liability, so I would like to tackle this one first.

    In the state of Illinois, there is an act entitled “The Recreational use of land and water act” 745 ILCS 65/1-7 (of which I have enclosed a copy for your review) This act states that you, as the land owner, are free of civil liability in the event that I have an accident on your property as long as a monetary fee is not charged for access.

    In addition to this act in Illinois, I also have a legal waiver that we would both sign that completely rids you of any civil liabilities in the event of any accident. The waiver is also used to outline any specific requests you would have as a stipulation to permission for bow hunting on your land (for example: If your request is to stay at least 100 yards from your home, avoid hunting near a pasture, no camping while hunting, etc…)

    Another concern that many land owners have when talking about hunting in general is firearm safety. I can assure you that my intentions are strictly for bow hunting. I have very strong beliefs in ethical hunting, and I have always felt it necessary to keep things as fair for the deer as possible. I feel that one of the best ways to do this is to never hunt with a firearm, so please believe me when I say no firearms will be used on your property.

    I have many reasons for being a bow hunter. The most important reason is conservation. Many people do not realize that when a particular area because over run with deer, that the Illinois Department of Natural Resources moves in and begins exterminating the herds in that area without a second thought. These deer are wasted. No one will ever enjoy the thrill of hunting them or the nourishment from harvesting.

    I am 100% willing to comply with any rules that you have for your property. While I cannot afford monetary payments for access to your land, I am willing to trade my time and efforts for your permission. If you needed signs posted, help mending fences, or help with typical farm land pests (Groundhogs, for example) I would be happy to help out.

    In addition to the Land and Water act that I have enclosed with this letter, there is also a short form that is an effort to make this process as easy on you as possible. Along with this form, I have enclosed a postage stamp that you could use to send it back in the event that you would be interested in working out some agreement between us so that I would be welcome on your land.

    If you are not interested in such an agreement, there are absolutely no hard feelings. I respect your decision completely and ask you to please keep the postage stamp for yourself and simply throw everything else away. No additional action is needed or expected on your part if you are not interested.

    If, however, you were interested in at least discussing this further, then I would love the chance to meet you in person at a time that is convenient to you. All you would have to do is contact me via any of the following methods.

    #1.) My phone number is ____________________
    #2.) My email address is ________________________
    #3.) Or, you can return the enclosed form using the provided stamp.

    Thank you very much for your time. I hope that some agreement can be reached between us, and that we could get to know each other as a result. If this just does not seem like something you would be interested, please know that I have no hard feelings and wish you, and your family, nothing but the best.

    Sincerely,

    -(signature)
     
  16. tynimiller

    tynimiller Legendary Woodsman

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    Well after guys said they liked what I wrote I decided to copy and paste in a letter example of one I sent out just this year:

    Dear “Taken out for privacy”,
    I would like to first take just a quick moment to introduce myself and then to the reason for my writing you. My name is Tylan (Ty) Miller. I am a recent graduate of Indiana University South Bend with a Bachelor’s Degree of Science in Elementary Education and am currently still seeking a position in our local schools to utilize the skills I acquired during my time at IUSB. In the mean time I am employed by the Elkhart County Assessor’s Office, don’t get mad at me for what the state is doing! Prior to college I attended Middlebury Community Schools throughout my years leading up to 2005, when I graduated from Northridge High School. I still consider Middlebury my home, currently though I reside in Osceola, IN with my newlywed wife Lisa Miller.
    Obviously though that’s just a touch of who I am, but I didn’t want you to be completely unaware of the individual writing you, and perhaps now be able to judge my character a little better now. The primary reason I’m writing you involves the land you currently own along Indiana 13. What I’d like to discuss with you is the chance to bow hunt (not gun hunt) your property for deer. The reason I’m not seeking to gun hunt is the understanding about liability worries that some landowners hold for that. I understand and know the proper documentation recommended by the state between landowners and hunters to protect the landowners from any mishaps which may occur. Unlike most hunters I believe out of respect for the landowner the state agreement sheet should be signed before any hunting occurs, and I’ll provide it if an agreement is reached.
    While I can understand hesitation to consider allowing me to hunt, allow me to express my hunting character and a few brief reasons why allowing me to hunt the property would be in the best interest of you, the land and the local deer herd. As an avid outdoorsman from a young age, my father has instilled in me the same high respect he holds for all fish and wildlife, which I feel separates us from many of the so called ‘hunters’ out there. We abide by every single rule set before us by the Department of Natural Resources in Indiana, and constantly check for amendments or rule changes from season to season. We’ve never hunted or fished out of season, during illegal hours or from locations that were either illegal or trespassing. We both are very avid conservation minded hunters who realize taking anything that moves is detrimental to local wildlife and does not encourage a healthy population of whitetail deer (only mature deer of either sex should be harvested). We understand in order to establish healthier deer herds and minimize agricultural damage; antlerless deer need to be a primary focus of hunters and then the chase of mature antlered bucks second. It is this approach to hunting which we take into the field each and every year.
    If allowed to hunt your property (or a section of it, like perhaps just the smaller +/- 20 acre parcel to the south) a few things would occur. I would treat it as if it were my own; in that I would keep it clean from any litter/trash I may come in contact with. I would also be a few more eyes on the lookout for anyone trespassing or mistreating the property in any way; contacting you immediately if spotting anything. The property’s deer movements during the hunting season would also be documented upon the conclusion of every trip into the field or captured on trail cameras; then given to the state as they research deer movements yearly to keep a finger on the deer’s herd size and activity levels. As I’m part of the pro staff at S&P Deer Scents, I would also be reporting any deer interaction connected to our scent product line with each trip into the field.
    I understand and agree that it may be impossible to make this decision simply by a letter. If you would be willing I’d love to talk with you and discuss specifics or concerns on your end before allowing me. I’ve attached a map of your property for you to keep, but I thought it may help in you determining if you’d be willing to let me hunt any of your property. I wrote this letter instead of just showing up as to avoid the chance such an act would be viewed as intrusive in nature. Perhaps by laying out the facts about me and my hunting character you will be in a better place to make a decision than if I’d have just showed up knocking one day.
    Thank you so much for at the least reading this and if possible please respond either way. You can reach me at the provided contact methods given after my signature.
    Sincerely,

    Tylan “Ty” Miller
    My contact information:
    (I TRUST YOU GUYS BUT TOOK MY CONTACT INFORMATION OUT AS WELL)
    Email:
    Phone:
    Mail:
    Work Phone (M:8-5, Tues-Fri: 8-4):
     

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