A presentation by Professor Becky McPeake, University of Arkansas

1. Wildlife Leasing
Considerations
Becky McPeake
Professor – Wildlife Extension
Arkansas Forest Resources Center

2. Purpose & Objectives
• Create awareness about the need for
hunting leases to be a written contract –
not a handshake!
• Understand the components of a hunting
lease
• Be prepared to meet with your attorney
when writing a hunting lease
– Save time and therefore attorney fees

3. Basics of a Hunting Lease
• Hunting lease is a contract
between two parties.
• No surprises.
• A detailed agreement in
written form.
• Protects both landowner
and hunter.

4. The Basic Contract
• 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

5. The Basic Contract
• Leasing to a hunting club
– Arkansas law does not allow unincorporated
associations to enter into leases.
– Hunting club must be incorporated to sign a
lease; otherwise hunting lease may be
declared null and void. (North Little Rock
Hunting Club v. Toon)
– A landowner should not enter into a lease
with an unincorporated association.

6. Have these in the file!
• For all officers, agents and members of a hunting
club leasing the property, have the following:
– Name
– Address
– Driver’s License Number
– Date of Birth
– Contact information

7. • Property description
– Specific legal description, including county
and state
– Map of property boundaries of leased land
• Duration of the lease
– Beginning and ending date hunter(s) is
allowed on the property
• How & when payment is to be made
– Monthly? Yearly? Seasonally?
The Basic Contract

8. • Security Deposit
– Is one required?
– How much?
– When is it due?
• Restrictions on Use
– Is hunting restricted to certain game?
– Is hunting restricted to certain seasons?
– Can they fish in the pond?
– Can they drive their ATVs anywhere when
no hunting season?
The Basic Contract

9. • Require hunter to maintain insurance
covering use of the property
– Particularly applies when dealing with
hunting or fishing clubs.
– What are limits for bodily injury and
property damage that the landowner will
require?
– Hunters might be able to purchase
insurance only for the period they use
your property.
The Basic Contract

10. • Communication: Is there farming or
other leased operations ongoing?
• Cancellation terms
– With cause (e.g., hunting or criminal
violations)
– Without cause (usually requires 30/60
days written notice by either party with
pro-rated rental)
The Basic Contract

11. Additional Provisions
• Safety
– expectations of conduct
– stand placement / swinging on gamebirds
– requirements for attending hunting safety
course
• Good neighbor relations
– restrictions on placement of stands
– game collection
– farm activities
– settling disputes with neighbors

12. Include “do-s” in the lease:
• Report law violations to the landowner.
• Keep vehicles from areas that shouldn’t be disturbed.
• Communicate frequently with the hunter.
• Allow access at all times to landowner and his/her
employees and agents.
• Leave the forest, pastures, gates, etc. as they were found
upon arrival.
• Describe where annual food plots can be developed.
• Keep trash picked up.
• Follow safe hunting practices & stand safety.
• Others…

13. Include “do-nots” in the lease
• Don’t damage trees, crops, buildings, fences, roads, or
improvements.
• Don’t drive ATVs off trail.
• Don’t cut growing timber.
• Don’t build permanent structures.
• Don’t sublease.
• Don’t litter or dump hazardous materials.
• Don’t leave the gate open.
• Don’t break hunting, fishing or game laws.
• Don’t release feral hogs or other animals .
• No drinking alcohol before/during hunt.
• Others . . . . .

14. Actions to protect
the landowner and the hunter
• Liability protection
• Risk management

15. Landowner Insurance
• Seek liability coverage.
• Consult with your insurance
provider.
• Some hunting lease activities may
be covered under an endorsement
to your general liability policy.
– “incidental business pursuit”
– may be tied to gross receipts for the
activity

16. Additional Insurance Concerns…
• Some excluded injuries may be common in
recreational pursuits
– Most “hunting accidents” occur in tree
stands or ATVs
• May need to:
– upgrade your existing policy
– seek endorsements
– seek insurance carried by
specialized brokers
– self insure
• Incorporate insurance cost into fees

17. User (Hunter) Insurance
• Require a certificate of insurance and
make sure it is current.
• Read the policy and make sure it covers
activities in the lease.
• Make sure the policy is with a reputable
firm and financially solvent insurance
company.
• Make sure the policy specifically identifies
the land where the activity will take place.
• Make sure you are the named insured.

18. User (Hunter) Insurance
• 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.
• Make sure the policy covers your legal
fees and expenses if you are sued.
• Make sure the users confine their
activities to the location in the policy.

19. Insurance Providers
• Check with your current insurance provider
• Internet search for “hunting lease insurance” or “hunt club
insurance” companies
• Arkansas Forestry Association membership benefit -
Outdoor Underwriters Insurance (www.arkforests.org)
– Hunt Club Insurance
– Timberland Insurance

20. Arkansas
Recreational Use Statute
• Limits the landowners’ liability to the user.
– A landowner who invites anyone to use his/her land for recreational
purposes does not assure the land is safe.
– Landowners don’t assume responsibility for injuries to persons or
property caused by the user (hunter).
– Liability not incurred for natural or artificial conditions, structures, or
personal property on the land.
• Creates a protection to the landowner for permitting
recreational use land.
– Designed to encourage landowners to make areas available to the
public for recreation.
– If you charge a fee, your immunity may be affected under the
statute.

21. • “Charges” includes admission fees for permission to go
upon or use the land, but does not include:
– Sharing of game, fish or products
– Contributions in kind, services or cash paid to reduce or offset
costs and eliminate losses from the use (e.g., property taxes,
insurance, habitat improvements)
Arkansas
Recreational Use Statute

22. • Since charging for recreational use of land may
affect your immunity from liability under the
recreational use statute, consider other means
of limiting liability, such as through:
– reimbursement for property taxes
– reimbursement for land improvements
– insurance coverage
– add verbiage to your contract consistent with
the Recreational Land Use Statute
• Check with your attorney.
Limiting Your Liability

23. Limiting Your Liability
from Uninvited Trespassers and
Non-paying Guests
• Written permission requirement
• Posting paint
• Signs

24. Hunting Regulation (AGFC)
• To hunt, fish, trap or release hunting dogs on private
property, hunters must have permission from the
landowner or leaseholder.
– Property not posted: verbal permission required.
– Property is posted: each person must carry written
permission (“Permission to Hunt Card” available on-
line at www.agfc.com)
• Written permission is not required of relatives of the
landowner or lessee who can verify permission.

25. Posting Paint (AFC)
“It shall be unlawful for any person to enter upon any real
property posted under the provisions of this subchapter
without the written consent of the owner or lessee of the real
property.” ACA 18-11-403(a)(2)
Purple, semi-paste, tree marking paint which meets or exceeds
the following specifications:
• Pigment . . . . . . . . . . . . . . . . . . . . . . 62.6%
– Titanium Dioxide 22.2%
– Calcium Carbonate 77.8%
• Vehicle . . . . . . . . . . . . . . . . . . . . . . . 37.4%
– Oleoresinus Vehicle 47.2%
– Petroleum Solvents 45.4%
– Driers, wetting agents, & tinting materials 7.4%

26. Signs
• “Posted” and/or
“No Trespassing” in letters at least 4” high.
• Readily visible.
• Forested land – signs placed 100 feet apart and at
each road entrance.
• Cultivated land, orchards, pasture land,
impoundments, other – signs placed 1000 feet
apart and at each road entrance.

27. Risk Management
• Reduces your exposure to
liability.
• Don’t assume all users have
common sense.
• Don’t assume users are
aware of obvious dangers
on the property.

28. Limiting Liability
for Paying Clients
• Signed contract (lease agreement)
• Include descriptions of hazards on lease
• All users sign a Release Agreement
• Form a Limited Liability Corporation (LLC)

29. Risk Management
• Post warning signs of hazards
• Conduct routine safety audits and keep a record.
• Remove potentially dangerous
objects.
• Fill in abandoned wells and holes.
• Fence off dangerous areas.
• Make sure hunters are aware of other users that
might be on the property.
• Keep livestock, horses, or other animals separate
from users.

30. Risk Management
• Deal with “attractive nuisances”
such as barns, ponds, machinery.
– Require children be supervised at all
times.
• First aid awareness, nearest
hospital, emergency response
procedures, etc.
• Make a list of do’s and don’ts, and
give it to all users.
• Make sure they read your list – read
it aloud to them.

31. Release Agreement
• Releases the landowner from legal
liability for injuries the user may receive
while on your property.
• Many factors determine how a judge will
rule on a release agreement.
• Some attorneys contend not worth the
paper written on, but may add another
legal barrier.

32. Limited Liability Company (LLC)
• Protects members from personal liability
• Keep payments and expenditures in a separate
account – do not mix with personal
• More flexibility than other types of corporate
arrangements
• Arkansas Secretary of State
– Initial set-up charge
– Annual franchise fee
• Additional requirements & tax structure
• Seek attorney’s assistance to determine if this is
the best option for you

33. Before executing a hunting lease:
• Identify your goals for the property.
• Identify whether adequate wildlife or fish
populations exist on the property.
• Determine your price.
• Draft your written agreement (contract).
• Identify any special concerns you might
have & incorporate them into the lease.
• Hire an attorney to prepare the legal
contract, i.e., hunting lease.

34. Free Resources
University of Arkansas Division of Agriculture
Cooperative Extension Service
Arkansas Forest Resources Center
(www.uaex.edu)
National Agricultural Law Center
(nationalaglawcenter.org)
Questions?