Would you let someone hunt on your land? Most landowners would say “no,” citing potential hassles, worries about vandalism and especially the potential for being sued by those using their land.
The Salem News ran an article about Missouri’s Recreational Use Act in 2009, written by A.J. Hendershott of the Department of Conservation. He asked the question, “Who wants to grant permission to hunt to someone who might turn around and sue because they were hurt on your property? When you think about that it is pretty scary,” Hendershott wrote.
Missouri has a recreational use act (MRUA) which is an effort to protect landowners from the minority of visitors who might go after a responsible landowner who was kind enough to allow them on his or her property. The act was passed by Missouri legislature in 1983 and was designed to protect landowners from lawsuits arising out of recreational use, he noted.
The MRUA specifically states that a landowner can’t be held liable for damages to any person who uses his or her land for "recreational use" as long as the landowner doesn’t charge a fee. It explicitly defines what constitutes "recreational use" and it includes most activities commonly recognized as recreational use such as hunting, fishing, hiking and camping.
According to Hendershott, MRUA has some stipulations pertaining to gross negligence or ultra-hazardous conditions on their property that might negate the landowners' protection. Other caveats include location in a residential or commercial area or simply an area in any city or town and do not cover swimming pool incidents. “The spirit of MRUA is to protect the generosity of a responsible landowner,” he wrote.
In a recent letter to The Salem News, landowners Al and Judy Schneider, who live on a county road outside Salem, asked what could be done about trespassers.
“There are so many people who seem to believe if they have a vehicle that drives across ditches and rough terrain, they don’t need permission,” they wrote. “Purple paint does not seem to impress them.”
The Salem News contacted the Department of Conservation about any changes in the MRUA over the years. Deputy director Aaron Jefferies said he’s not aware of any changes to that statute since it was altered to limit liability if a landowner enrolled their land in a government program such as the MRAP program.
MRAP is the Missouri Outdoor Recreational Access Program. MRAP is a voluntary program that offers private landowners annual incentive payments for opening their land to public access for outdoor recreational activities such as hunting, fishing, and wildlife viewing, according to the MDC website.
The MRUA immunity statutes (sections 537.345 to 537.348, Revised Missouri Statutes) offer liability protection to landowners participating in MRAP. This law does not protect landowners who act negligently, so every participating landowner should read the statutes completely. It is the participant’s responsibility to know and comply with the requirements of the law in order to receive the liability protection it provides, according to the MDC website.
MDC received a three-year grant for $1.1 million from the U.S. Department of Agriculture as part of the 2014 Farm Bill. Funding is currently available to enroll up to 10,000 acres.
Upon enrollment, the participating landowner selects one of six public access options that works best for them. Options range from all access hunting and fishing, allowing public users to pursue hunting and fishing under statewide regulations throughout the year, to wildlife viewing only, where users can hike, photograph, and enjoy nature throughout the year, but all hunting and fishing activities are prohibited.
All MRAP areas are open for walk-in public access from one hour before sunrise until one hour after sunset, the website says.
MDC says MRAP properties are open to foot traffic only. All activities other than the authorized access uses such as hunting, fishing, or wildlife viewing are prohibited. These banned activities include target shooting, trapping, riding motorized vehicles (snowmobiles, ATVs, motor bikes, etc.), boating, drinking alcohol, camping, lighting fireworks, horseback riding, swimming, mountain biking and dog training. All equipment and gear must be “carry -in, carry-out” daily.
MRAP provides landowners with an opportunity to generate extra income by opening their land for public recreation. Most annual payments will be $15-$25/acre. There are special incentives available for enhancing the wildlife habitat on the property.
Landowners enrolled in this program are offered liability protection by the Missouri recreational use immunity statutes. This immunity is not available to landowners who have private hunting leases or charge fees for hunting or fishing.
The participating landowner may continue to hunt, fish, and farm on the property. In addition, the landowner is not limited to the activities allowed by the selected public access option.
