# Hunting Permission Question



## BIG J LAV (Feb 6, 2007)

I know of land owned by an out of state owner who leases the land to a farmer who farms the land. Do I need to seek a signature of the land owner, the farmer, or both? Any advice would be appreciated but I would like to make sure I am legal to hunt. If the owner gives permission, does the farmer have rights to say no or vice versa? Thanks for the help.
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## BassBlaster (Jun 8, 2006)

Depends how the lease is written but in most cases you would get permission from the farmer who leases the property not the land owner.


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## Mushijobah (May 4, 2004)

It depends on the lease. Sometimes the leasor writes in that hunting or other activities are up to the farmer. Sometimes it isn't addressed. Sometimes it states that the landowner is to make the final decision. I would first goto the farmer and see what he says. They probably wouldn't be too happy if you bypassed them and went straight to the owner.


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## M.Magis (Apr 5, 2004)

BassBlaster is right, it depends on the lease. But, in most cases like that it would be the land owner. The farmer is usually only leasing the farming rights. The land still belongs to the land owner, and all other things are his/her call. If the hunting rights were leased that would be entirely different, but that&#8217;s wouldn&#8217;t be the case here.
We lease out some land to farmers, but I expect any questions regarding the farm to go through me, not them. Typically only the acreage being planted is leases out, not the entire property. But again, not all leases are the same.


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## BIG J LAV (Feb 6, 2007)

Well after my post I did a little investigating and according to the updated county property records the land has been sold to a company and it is listed under the company name in the auditors office. This may complicate things because who would have the right in the company to grant permission? President? CEO? Shareholders? Board of Directors? If one of them were to sign OK how would I know all who have ownership in the corporation agree? I guess my next step is to talk to the farmer and see how the farming lease is written. Has anyone ever been on that AEP property down south? If so, can you tell me how they handle who signs the permission slip? Is it under the company name or a person?
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## M.Magis (Apr 5, 2004)

You need to be a bit more clear. AEP land down south? What exactly does that mean? All AEP land I know of is either public land with a free permit online, or off limits all together.


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## squid_1 (Jun 2, 2005)

There is some AEP land that is leased and is used for cattle. Never had a problem obtaining permission from the farmer on those tracts and they have signed my forms.


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## M.Magis (Apr 5, 2004)

squid_1 said:


> There is some AEP land that is leased and is used for cattle. Never had a problem obtaining permission from the farmer on those tracts and they have signed my forms.


That's right, I forgot about that. 
Too many uncertanties for anyone here to say for sure what you need to do other than make some phone calls.


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## Fish-N-Fool (Apr 12, 2004)

Magis is right: although no 2 leases are exactly the same it is very rare the farmer leasing ground has anything other than farming rights. Unfortunately, many THINK they have the right to hunt the land themselves and grant permission - if not explicitly stated in the lease agreement they have ZERO rights; can't even hunt it themselves without written permission. I've seen this lead to a loss of farming ground when landowner finds out.

Big J - Things get complicated when a company owns land. To be technically correct and within the law, you need to know that company's tax filing status (C corp, S corp, LLC, etc.). For corps, any officer of the corp can sign and grant permission (good luck getting an oficer of the corp to sign - they are more nervous than drug dealers talking to police officers). For a LLC, you technically need the signature of every member (asssuming a multiple member LLC). There was a case tried just a couple years ago where a gentleman had a signature from only 1 member of an LLC - not all 4 members. The court ruled the single member did not have authority; all 4 signatures were required.

The reality of the situation is that of you can get an officer or member to sign the slip you'll be fine.....until somebody notices and complains - be it a neighboor and/or other officer/member of the company.

I am currently working on obtaining permission on property close to my home owned by a large corp in Milwaukee, WI. I have tresspass permission from the porivate residence to the south (6 acres). The problem I discovered with this parcel is that another individual that lives in the area is hunting the area without permission (verified with corp that owns it) - he accesses from his uncle's residence.

Not sure where I am going to go with this one, but will probably have my contact call the county warden and ask him to speak with this guy (I have his info). trouble is - he thinks he is entitled and I'm sure it will get nasty. Oh well, no permission = no permission; I have no sympathy for guys that KNOW they don't have permission, but also think they won't get caught (and he hasn't until now).


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## Lundy (Apr 5, 2004)

Fish-N-Fool said:


> Magis is right: although no 2 leases are exactly the same it is very rare the farmer leasing ground has anything other than farming rights. Unfortunately, many THINK they have the right to hunt the land themselves and grant permission - if not explicitly stated in the lease agreement they have ZERO rights
> 
> For a LLC, you technically need the signature of every member (asssuming a multiple member LLC). There was a case tried just a couple years ago where a gentleman had a signature from only 1 member of an LLC - not all 4 members. The court ruled the single member did not have authority; all 4 signatures were required.


With an LLC it really depends on how the ownership agreement is written. Many times there are officers with the authority to sign for all members. It really depends on the individual agreement and they normally have limits on assigned authority.

Call the company and ask, you have nothing to lose. Most likely the farmer has no authority to grant you access to the property for hunting


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## BIG J LAV (Feb 6, 2007)

Thanks for the information guys. As I searched the Web it lists the Company as private ownership. This is a fairly large company operating in several states. I am going to attempt to contact the corporate offices. I'm sure they are involved in thier day to day work but I may luck out and talk to someone with the time to answer my permission questions. I will update this thread with anything I learn from the situation if anyone else is interested. Thanks again for everyones time and knowledge.
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## c. j. stone (Sep 24, 2006)

As far as I know, a farmer who leases land for agriculture cannot give hunting permission. It has to come from the landowner! If the person is injured-or killed, and the landowner gave permission, he is not liable by law. If a farmer who leases the land gives permission, this puts the landowner in double jeopardy! The excerpt below is directly from the ODNR Regulations and it does not mention leasees at all:
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Hunting with Permission 

The ""landowners written permission is required for hunting and trapping on private land", regardless of whether the land is posted. Permission slips are available at Division of Wildlife district offices and at wildohio.com.

The Penalty for Hunting Without Written Permission 

The maximum penalty for hunting without written permission of the landowner for a first offense is 60 days in jail and a $500 fine. The maximum penalty for a second offense is 90 days in jail and a $750 fine). 

A person must carry written permission at all times while engaging in hunting or trapping on private land and exhibit it upon request to a state wildlife officer, sheriff, deputy sheriff, police officer, other law enforcement officer, owner of the land, or the landowners authorized agent.
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