Post by featherduster on Nov 19, 2009 18:11:44 GMT -5
I own my land that I hunt and fish on, most of the property is enrolled in WRP. My wife and I can hunt without the need for a license (except federal duck stamps) however our children who do not live on the property need a license.
First of all, the hunting guide isn't a statute or the administrative code... it's a summary of those laws, and IMO in many cases, a darn poor summary at that... The citations I provided in my original post ARE THE LAW in Indiana. In other words, I don't care what the hunting guide says, because it IS NOT the law...
Second, there are two classes of exempt hunters discussed in the law: LANDOWNERS and LEASEES.
To be LANDOWNER license exempt, you have to:
(1) Own the property. (2) EITHER farm it, OR the land is classified as agricultural for tax purposes.
THERE IS NO REQUIREMENT FOR A LANDOWNER TO FARM THE LAND to be license exempt.
It is the LEASEE class that HAS TO FARM THE LAND to be license exempt.
A final thought... an ICO may well write a ticket to a landowner of land zoned ag and not being farmed by that owner, but any prosecutor and/or judge that can read would/should throw it out of court, because BLACK LETTER LAW says that landowner is exempt...
The Indiana Code and the Indiana Administrative Code are the statutory and administrative laws in Indiana, and that's what is controlling when you go to court...
"No, I'm not a good shot, but I shoot often." - Teddy Roosevelt