Tuesday, March 12, 2013

Iowa Supreme Court Ruling - a Sad Day for Iowa Landowners

We are members of the Independant Insurance Agents of Iowa (The BigI.) A few days ago I received an email alert about a recent Iowa Supreme Court ruling regarding Iowa's Statute on Recreational Immunity. I did read all 72 pages of the ruling on Sallee vs Stewart and much of it was gobbledegoop to me since they cited various statutes and other cases. Quite frankly, it mad me ANGRY!!! I was hoping I had interpretted the ruling incorrectly since I have been the granter and reciever of access.
I grew up on a farm, I remember people knocking on our kitchen door during pheasant season asking if they could hunt the ditches, or a fence row. My dad always planted several acres of sweet corn that was free to anyone that wanted to come out and pick it. Folks would run their snomobiles across our fields. We had our friends over; we rode the horses, played in the hay mow, or drove the dune buggy, go cart, trail bike, snowmobiles, shot dad's guns at cans, clay pidgeons, birds, squirrels, we were kids on a farm.
In recent years, my husband has taken me to several farm ponds to fish and we have hunted mushrooms and deer on various properties. These wonderful people, out of the goodness of their hearts have allowed us access to their property and asked for NOTHING in return.
We have in turn invited people to our property to hunt and fish and our tenant has allowed hunters (when the bird population is large enough.)

Today I received another email from The BigI. There was a link to the 75 page ruling - I am NOT going there, but more importantly, there was a link to a bulletin from the Iowa State University Center for Agricultural Law and Taxation. Follow this link ISU CALT  to read the 9 page document.

The following statement summerizes the opion of the authors.

"Landowners should take steps to protect themselves by preventing entry by any persons upon their property, within their structures, or upon their farms. The promised liability protection for opening agricultural land to others for recreational purposes no longer exists. The risks of continuing the practice are great with limited opportunities to guard against liability."
 
For me, a sad, sad, sad, sad day to be an Iowan and a landowner.

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