State law protects landowners who allow recreational use

A 1983 state act was designed to reward the generosity of responsible landowners from being held liable for damages.

If someone asked you about hunting on your 40 acres this fall, what would you tell them?

Growing up in the 1970s, I climbed through plenty of blackberry thickets trying to keep up with my dad and grandfather. They were working dogs in search of quail. The ground I tromped on was not ours; it belonged to neighbors or acquaintances. I remember one evening we were going to eat fried quail, gravy and biscuits. Before we sat down to dinner my grandfather took me over to "Doc Hawn's" place to give him a portion of the harvest.

Although I don't recall it being stated, this was grandpa's way of saying thanks for the permission.

For another landowner, two fresh rabbits served the same service. Regardless, they went hand in hand with Christmas cards, friendly roadside waves and continued opportunity to hunt.

What about today?

Would you let someone hunt on your land?

I think a majority of hunters would answer that for you. They know all too well that the answer is mostly "No."

Why?

The reasons vary between no feeling of value about hunting, the potential hassle and worry about vandalism. But a common concern is the potential for litigation. 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. Missouri has a recreational use act, which is an effort to protect landowners from the minority of visitors who might go after a responsible landowner who was being kind.

The Missouri Recreational Use Act was passed by the state legislature in 1983 and was designed to protect landowners from lawsuits arising out of recreational use (S3F.346-48 RSMO 1983, for the legislatively literate).

David Bub, an active hunter, conservationist and lawyer says, "The MRUA specifically states that a landowner cannot be held liable for damages to any person who uses his or her land for 'recreational use' as long as there is no fee charged by the landowner."

The act explicitly defines what constitutes "recreational use" -- and it includes most activities we think of as recreational, such as hunting, fishing, hiking, camping, etc. This act also defines what is meant by a fee or charge.

The recreational use act 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 act is to protect the generosity of a responsible landowner. If you have questions about the act, contact someone schooled in law or consult your lawyer.

Here in Cape Girardeau County, public land is not common, and access to private land usually involves a friend with property. Regardless of laws, rules or public opinion, all hunters hold the responsibility of respecting their game and the land, as well as the landowner.

The future for hunting depends on it. Landowners who permit hunting but choose not to hunt will form opinions based on their experience with you.

While the good old days of easy access to hunting ground are gone, a little effort and reassurance mixed with ethical behavior will ensure hunting as a future activity for years to come.

A.J. Hendershott is an outreach and education regional supervisor based in Cape Girardeau with the Missouri Department of Conservation.