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  1. #1
    Join Date
    Jun 2013
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    4

    Default Hunting Rights on City Property

    My question involves real estate located in the State of: Iowa

    Hi. My question is can a city legally give the hunting rights to city property to a person? Here is the story to help with my question.

    Our small city allowed deer hunting around the city owned airport. A farmer who owns land all around the airport and is a serious hunter and doesn't allow anyone else to hunt and now the deer herd is very large. they were on the runway all the time. So the city wanted people to hunt. Eventually the city spent almost a million dollars on a fence.
    The city still allowed hunting. I hunted the property for 8 years and dealt with this farmer and his harassment every year and still do.

    A couple of years ago the city needed to buy some of this guys property to make room for a new sewer lagoon. Soon after that I got a call from the manager of the airport that I couldn't hunt any more because the farmer got the hunting rights to the airport until his death.

    I called the city attorney and he gave me a copy of the agreement. I was very angry! I called the mayor at the time and all he told me was that I should have been at the meeting. The agreement was not made at a city council meeting.

    I don't understand how the hunting rights to city property given to one person. I pay taxes on the land. The farmer does not own land on city property. The city spent all that money on a fence because of the farmers large deer herd.It doesn't seem legal to me. I can't justify spending a bunch of money on legal fees if I'm just wasting my time.

    I hope someone can help me out. Thanks

  2. #2

    Default Re: Hunting Rights and City Property

    Quote Quoting hunter72
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    I don't understand how the hunting rights to city property given to one person.
    Because if the city either got an easement or a land purchase contract from the seller that included stipulations to hunting on the property, then that's the agreement. The city has no authority to allow hunting on an individual's private property, no matter how much they might want such hunting to occur on that private property.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

  3. #3
    Join Date
    Sep 2012
    Posts
    1,634

    Default Re: Hunting Rights and City Property

    the hunting rights are the property of the city and they chose to dispose of them by selling and or trading them to the farmer.

    the time to object to this was at whatever city council meeting this was decided at
    Never break more than one law at a time.

    "Every election is a sort of advance auction sale of stolen goods." -- H. L. Mencken

  4. #4
    Join Date
    Jan 2006
    Posts
    28,115

    Default Re: Hunting Rights and City Property

    I don't understand how the hunting rights to city property given to one person. I pay taxes on the land.
    no, you don't. Making that sort of argument is no different than claiming a cop works for you because your taxes pay his salary. Your taxes may pay (and most likely, only a part) of the costs of the airport, that give you no rights to stake a claim to be able to hunt on the land.


    The city entered into a contract with the farmer. He sells the land they need; they pay him. Part of that payment is apparently the rights of the farmer to be able to control the hunting on the airport property.

    Since you are so worried about your taxes, realize that since that was part of the purchase, one has to presume that either the farmer would not sell the land without including those rights or he would have sought more for the property. Either situation would have cost you, as a taxpayer, more. In reality, that transfer of rights has saved you money.

  5. #5
    Join Date
    Jun 2013
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    4

    Default Re: Hunting Rights and City Property

    I'm not really worried about my taxes. I dont think a cop works for me. I'm a firefighter part time(paid by the city) I'm also a county employee. You could say that about me I guess. What I'm saying would be kind if like saying you want to buy my front yard OK then I want a cop to drive me around until death. What's the difference?

    The agreement wasn't made at any city council meeting. It was done during the day. I tried to get records but there are none. There would have been a lot of people there opposing this if anyone had any knowledge that this was a possibility!

    The responses are pretty much what I expected. Thanks for your input. Money will always win. I guarantee if someone went in and offered to buy the rights they would be turned down. They just took the easy way out and ruined some great hunting for a lot of families.

  6. #6
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    15,018

    Default Re: Hunting Rights and City Property

    You can always review city laws and determine if you have a statutory right to hunt on city land.
    Teach a man to fish, you feed a village. Give a man a fish, the ever growing village demands free fish. We will now spend trillions on social services and SSI for people who don't know how to fish.

  7. #7
    Join Date
    Mar 2013
    Posts
    4,818

    Default Re: Hunting Rights and City Property

    Quote Quoting hunter72
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    What I'm saying would be kind if like saying you want to buy my front yard OK then I want a cop to drive me around until death. What's the difference?
    "Leverage" is the difference. If the city wanted your front yard bad enough and you wrote it into the contract, you'd have a cop to drive you around every day.

    The city apparently wanted this guy's land bad enough to make concessions that left you out.

    Quote Quoting hunter72
    View Post
    Money will always win.
    You got that right.

  8. #8

    Default Re: Hunting Rights and City Property

    Those families are welcome to pool their money and purchase land for hunting in whatever acerage they wish. But even before the airport deal, this was still PRIVATE property. Only the property owner or anyone THEY allow on the property is allowed to hunt there.

    The city still allowed hunting. I hunted the property for 8 years and dealt with this farmer and his harassment every year and still do.
    Again, the CITY can't grant you or anyone else leave to hunt on this man's PRIVATE property. Just because "a lot of families" WANT to hunt on the property means nothing. If they want to hunt on it, they need to PURCHASE it, or, convince their local, county, or state officials to purchase it and make it a hunting area.

    Here are the places you have a right to hunt:

    1) your private property, owned by you

    2) other people's private property, WITH their permission

    3) public land, owned, managed, maintained, and governed, by public entities WITH permission from that entity

    Period. That's it. By your own description, the land in question was private before the transaction, meaning you had no business there...and after the transaction, the city has already told you that they can't or won't give permission - for whatever reason. Done deal. Find somewhere else to hunt, or, make the property owner a lawful offer he can't refuse and make the land in question YOUR land and hunt to your heart's delight. Beyond that, you have no ability to force a private land owner to allow you to hunt his property, and the city apparantly contracted away the possiblity of opening the easement land obtained for the airport for hunting (and otherwise may not have been able to convince the property owner to sell ANY of the land the airport needed).
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

  9. #9
    Join Date
    Jun 2013
    Posts
    4

    Default Re: Hunting Rights and City Property

    Quote Quoting aardvarc
    View Post
    Those families are welcome to pool their money and purchase land for hunting in whatever acerage they wish. But even before the airport deal, this was still PRIVATE property. Only the property owner or anyone THEY allow on the property is allowed to hunt there.



    Again, the CITY can't grant you or anyone else leave to hunt on this man's PRIVATE property. Just because "a lot of families" WANT to hunt on the property means nothing. If they want to hunt on it, they need to PURCHASE it, or, convince their local, county, or state officials to purchase it and make it a hunting area.

    Here are the places you have a right to hunt:

    1) your private property, owned by you

    2) other people's private property, WITH their permission

    3) public land, owned, managed, maintained, and governed, by public entities WITH permission from that entity

    Period. That's it. By your own description, the land in question was private before the transaction, meaning you had no business there...and after the transaction, the city has already told you that they can't or won't give permission - for whatever reason. Done deal. Find somewhere else to hunt, or, make the property owner a lawful offer he can't refuse and make the land in question YOUR land and hunt to your heart's delight. Beyond that, you have no ability to force a private land owner to allow you to hunt his property, and the city apparantly contracted away the possiblity of opening the easement land obtained for the airport for hunting (and otherwise may not have been able to convince the property owner to sell ANY of the land the airport needed).

    Not sure what your saying here. The property is owned by the city. The farmer has hunting rights to city property. He can't do anything to the land except hunt it. He doesn't own any ground I want to hunt.

    - - - Updated - - -

    Sorry if I wasn't clear. The farmer owns a lot of ground that borders property owned by the city where the airport runways are located.

  10. #10
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    15,018

    Default Re: Hunting Rights and City Property

    People should not be shooting near aircraft anyway.
    Teach a man to fish, you feed a village. Give a man a fish, the ever growing village demands free fish. We will now spend trillions on social services and SSI for people who don't know how to fish.

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