Landowner Exemption

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  • zcam630

    Plinker
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    Does anyone else meet the requirements for the landowner exemption? Do you still tag your deer and just write exempt on the license number line?
     

    natdscott

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    Yes.

    1) The spouse and children of Indiana OR NON-Indiana residents who own farmland may hunt, trap, fish on that land without a license.

    2) Indiana-resident lessees and spouse and children may do the same. That being said, to my knowledge, it is the OWNER'S right to declare those person or persons eligible to do so, because some landowners have a farmland lease that they do NOT extend as permission to deer hunt...

    In short: Legal without a license does NOT = Landowner Permission.

    Title 14, Article 22, Chapter 11, Section 1, Subsection (b), Nos. 1, 2, and 3 are of interest to you:

    https://law.justia.com/codes/indiana/2013/title-14/article-22/chapter-11/

    -Nate
     

    dprimm

    Master
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    Jan 13, 2013
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    Just West of Indianapolis
    Yes.

    1) The spouse and children of Indiana OR NON-Indiana residents who own farmland may hunt, trap, fish on that land without a license.

    2) Indiana-resident lessees and spouse and children may do the same. That being said, to my knowledge, it is the OWNER'S right to declare those person or persons eligible to do so, because some landowners have a farmland lease that they do NOT extend as permission to deer hunt...

    In short: Legal without a license does NOT = Landowner Permission.

    Title 14, Article 22, Chapter 11, Section 1, Subsection (b), Nos. 1, 2, and 3 are of interest to you:

    https://law.justia.com/codes/indiana/2013/title-14/article-22/chapter-11/

    -Nate

    So if I leased some of the family farmground, I could get by without a license(s)?
     

    Leadeye

    Grandmaster
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    Hunted using my landowners exemption for years. Even though they are the king's deer, I'm feeding them.
     

    mom45

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    Nov 10, 2013
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    We have used the landowner's exemption for over 20 years and always wrote out a tag on paper and attached it to the deer to take them for check in. The last few have been checked in online and then tagged before taking the heads to the taxidermist with the proper documentation.

    Our property is mostly woods so qualifies for timber growth (last time it was logged was just prior to when we bought it in the early 90's). There is some that is tillable ground that has been farmed so we also are taxed as agricultural land.
     

    Kdf101

    Expert
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    Jan 9, 2013
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    Sullivan County
    I have used the land owners exemption for over 20 years as well. 48 acres of which 24 is hay fields and the rest woods. Always just wrote it out on a piece of paper until online check in cake along. Now I do it online and record the number it gives me at the end of the check in process.
     

    Hkindiana

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    Leasing is not considered OWNING. You have to be a land OWNER to use the landowner exemption.

    No, see post #2. However, I think that if you lease farmland, you must ACTUALLY FARM the leased land in order to qualify for the leesee exemption. A land owner can get by with saying that they are "farming" trees. However, I doubt that would work for a leesee.
     

    shibumiseeker

    Grandmaster
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    Nov 11, 2009
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    near Bedford on a whole lot of land.
    No, see post #2. However, I think that if you lease farmland, you must ACTUALLY FARM the leased land in order to qualify for the leesee exemption. A land owner can get by with saying that they are "farming" trees. However, I doubt that would work for a leesee.

    You don't have to "get by" with anything. For a landowner as long as you are not classified commercial or residential or some similar specification. There's no provision that says you actually have to farm or grow anything.
     

    Hkindiana

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    You don't have to "get by" with anything. For a landowner as long as you are not classified commercial or residential or some similar specification. There's no provision that says you actually have to farm or grow anything.

    Yes, there is. According to the DNR, simply owning farmland is NOT GOOD ENOUGH for a landowner exemption. You have to FARM the land. If you have enough trees on your farmland, a landowner CAN "get by" with saying that they are farming trees.

    If you meet the following exemptions, then you do not need a license to hunt your own property. Exemptions: Landowners or lessees of farmland who farm that land and are residents of Indiana are not required to obtain a permit while hunting, fishing, or trapping on the land they own or lease.

    DNR: Indiana DNR Customer Service Center - IN.gov







     

    Hkindiana

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    Yes, there is. According to the DNR, simply owning farmland is NOT GOOD ENOUGH for a landowner exemption. You have to FARM the land. If you have enough trees on your farmland, a landowner CAN "get by" with saying that they are farming trees.

    If you meet the following exemptions, then you do not need a license to hunt your own property. Exemptions: Landowners or lessees of farmland who farm that land and are residents of Indiana are not required to obtain a permit while hunting, fishing, or trapping on the land they own or lease.

    DNR: Indiana DNR Customer Service Center - IN.gov








    Punctuation is VERY IMPORTANT in the above DNR statement. IF there were a comma after "Landowners", then it would infer that by SIMPLY BEING A LANDOWNER you would be exempt. However, since there in NO comma after "Landowners", then it indicates "Landowners" AND lessees who FARM the land are exempt. This would imply that landowners ALSO have to farm their land for the exemption.
     

    mom45

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    Nov 10, 2013
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    Punctuation is VERY IMPORTANT in the above DNR statement. IF there were a comma after "Landowners", then it would infer that by SIMPLY BEING A LANDOWNER you would be exempt. However, since there in NO comma after "Landowners", then it indicates "Landowners" AND lessees who FARM the land are exempt. This would imply that landowners ALSO have to farm their land for the exemption.


    That has always been my understanding as well.
     

    dprimm

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    Just West of Indianapolis
    Hmmm, working the cattle as needed probably would not be considered farming. Leasing a cow (and ground) would drive the costs higher than the license. Just irks me that the government controls such use of personal ground. So much for "smaller government" by the republicans. Sigh.
     

    Hkindiana

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    Hmmm, working the cattle as needed probably would not be considered farming. Leasing a cow (and ground) would drive the costs higher than the license. Just irks me that the government controls such use of personal ground. So much for "smaller government" by the republicans. Sigh.

    Hmmmm, you BLAME the REPUBLICANS for this? Do you also blame the Republicans when you oversleep, or pass gas? Seriously, the Replican party has a LOT better chance of fixing this than the democrats - the dems would be just as happy to GIVE YOUR LAND AWAY.
     

    natdscott

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    Good lord.

    Just read the legal code. It's clear, and regardless of how DNR words it in any of their pamphlets, the CODE is what counts.

    It really IS the easiest and most fool-proof way to know a law.

    -Nate
     

    zcam630

    Plinker
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    Nov 9, 2008
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    Indiana's definition of "farming" is so loose that it is easy to satisfy the requirement. Our 10 acres is classified as agriculture because we have a very small orchard, have honey bees and lease a couple acres to the neighbor for his horses.
     

    dprimm

    Master
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    Jan 13, 2013
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    Just West of Indianapolis
    Good lord.

    Just read the legal code. It's clear, and regardless of how DNR words it in any of their pamphlets, the CODE is what counts.

    It really IS the easiest and most fool-proof way to know a law.

    -Nate

    I absolutely am awful at finding things in the code. Perhaps a separate thread would be better on how to search for items in the code, since that is usually something that comes up.

    I don't blame the Republicans for this... just irked at other stupid things that our state gov has been doing (or not doing) and this just gets caught up in it. Sigh.
     
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