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Topic: Landowner

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	Landowner Liability
		Landowners have the highest legal duty to invitees; they must repair or warn invitees of known dangerous conditions or dangers that would be revealed after a reasonable inspection.
		Landowners owe no greater care to a recreational guest than they would a trespasser, provided he or she does not earn more than two times his or her property tax bill from recreational fees (this was changed to four times for landowners with agricultural exemptions beginning September 1, 1997).
		Landowners who invite or give permission to recreational guests to use their property do not assure that the property is safe or owe the person a greater degree of protection than a trespasser.
	cnrit.tamu.edu /cgrm/whatzhot/liabel.htm (1246 words)

	Utah Landowner's Guide to Trespass (Site not responding. Last check: 2007-10-21)
		Landowners also have no duty to warn people who were not charged an access fee to enter the land, of the conditions or activities existing on the land.
		For instance, the landowner may be liable when there is: (1) undisclosed danger known to he landowner and unknown to the lessee, (2) land is retained within the lease area for similar joint use, (3) an agreement by the landowner to repair a condition, and (4) negligent repair by the landowner.
		Unfortunately, the landowners knowledge of continued trespass by a person and the failure to take action may be interpreted by the courts as the landowner giving the trespasser implied consent.
	www.cwmuutahwildlife.org /trespass.htm (2545 words)

	A Landowner's Guide To Working With Sportsmen In Virginia
		The landowner who discusses these standards, provides specific information about his needs and how he expects the sportsman to use and care for the property, and encourages individuals to sign the cards in his presence will have far fewer problems than landowners who assume that all recreationists will behave themselves.
		The landowner is specifically released from liability for the safety and actions of the sportsmen, although the landowner remains liable for willful or malicious failure to warn against hazardous conditions, uses, structures, or activities.
		Landowners and their families feel more secure when they know who is on their land and where they are.
	www.ext.vt.edu /pubs/forestry/420-035/420-035.html (4656 words)

	Carolina Mountain Land Conservancy
		The landowner and land trust work together to determine which uses should be prohibited to protect the conservation values of the land and which uses should be retained for future owners.
		In all easements, the landowner retains the right of privacy, to transfer ownership, to maintain and replace houses and other structures and to take whatever actions may be necessary to maintain the existing conditions.
		A landowner also needs time to contemplate both the easement and a partnership with the Conservancy as well as consult qualified appraisers, attorneys, and other advisors to ensure the easement reflects their long-term interests.
	www.carolinamountain.org /index.php?option=content&task=view&id=37&Itemid=43 (2337 words)

	Eminent Domain in Ohio, ALS-1000-00
		The landowner may dispute the amount of compensation offered for the property, may argue that there is not a public use or necessity for the taking, or may argue that the entity did not fulfill its legal duty to negotiate with the landowner.
		The landowner thus should be confident that the property’s value is higher than that proposed by the entity and should be willing to foot costs of defending a condemnation proceeding, which include appraisal costs, fees for expert witnesses, attorney fees, and the landowner’s time and effort.
		This requires the landowner to prove that the taking is not for a necessary or public use, that the entity is not authorized to exercise eminent domain, or that the entity did not negotiate the appropriation as required by the Uniform Act.
	ohioline.osu.edu /als-fact/1000.html (4237 words)

	IMBA Resources: Liability and Lawsuits: Landowner Liability (Site not responding. Last check: 2007-10-21)
		This standard is generally difficult to prove in suits against private landowners because the plaintiff (injured party) must show that the landowner had actual knowledge (as opposed to constructive knowledge which means the landowner "should have known") and that the landowner willfully failed to guard or warn against the dangerous condition.
		This basically means that a landowner will be liable for a dangerous condition on the land only if he or she knew of the condition and purposely chose not to warn others or safeguard others from that condition.
		Landowners are therefore not responsible for unknown conditions of their land and are not required to insure the safety of their land should they open it up for public recreational use.
	www.imba.com /resources/trail_issues/land_liability.html (4684 words)

	Small Forest Landowner Office - Family Forest Fish Passage Program
		Small forest landowners enrolling in the program are required to fix their barriers only if financial assistance is available from the state.
		Landowners who submitted a Forest Practices Application for timber harvest on or after May 14, 2003 may be required to provide a limited share (match) of the overall cost of the barrier correction.
		If a landowner corrects more than one barrier in a calendar year, the maximum required match per year varies according to the average annual timber volume harvested from the landowner’s lands in this state during the three preceding calendar years, and whether the barrier is in eastern or western Washington.
	www.dnr.wa.gov /sflo/fffpp (1675 words)

	ANR-553 Landowner Liability In Fee-Hunting Enterprises
		A landowner will most frequently be held liable for losses or injuries that occur as a result of his or her gross negligence or willful misconduct.
		In the absence of any intentional wrongdoing, in order for the landowner to be held liable, it must be proved that he did not exercise the reasonable care to prevent injury that is expected under the law.
		Common law establishes that, for an invitee, a landowner must inspect the property for hidden dangers and either remove them or give adequate warning of their presence if they are not already obvious to a reasonable observer.
	www.aces.edu /pubs/docs/A/ANR-0553/ANR-0553.html (891 words)

	American Whitewater - (Site not responding. Last check: 2007-10-21)
		The fear of a lawsuit is often enough to prevent private landowners from opening their land to whitewater boating even though they would like to share their land with the public.
		Landowners, on the other hand, will benefit from the immunity granted to them by the statute should they open their land to recreational use.
		When landowners do not have to fear the possibility of lawsuits, they are more likely to welcome boaters (and others) to use their land.
	www.americanwhitewater.org /archive/article/124 (4829 words)

	Construction Law (Site not responding. Last check: 2007-10-21)
		B. A landowner may be held liable for personal injuries arising out of the negligence of its independent contractor if the landowner maintained control over the manner in which the contractor performed the work to the extent that the contractor was not entirely free to do the work in his own way.
		The court concluded that the landowner was not liable under the inherently dangerous activity doctrine, because working at heights does not involve a peculiar risk or special danger known to the landowner at the time of contract and because the accident resulted from the plaintiff's failure to use safety devices.
		Under this exception, a landowner who employs an independent contractor cannot be held liable for injuries which arise entirely out of the wrongful act of the independent contractor or his employees which creates a dangerous condition on the premises, because such negligence cannot be anticipated by the landowner at the time of contract.
	www.harveykruse.com /construc.htm (9559 words)

	Hunting Lease Listings Updated Daily, Hunting Trips and Online Store!
		The landowner and hunters may agree that if a certain number of does have not been harvested by a certain date, guests of either the hunters or landowner may take a certain number before the season ends.
		The landowner must give the fee-paying hunter adequate and timely notice of concealed or latent perils (dangerous conditions) that are personally known or that a reasonable inspection would reveal.
		Fourth, the landowner may require the hunters to purchase and assign a liability insurance policy to the landowner covering the landowners liability to the hunters.
	www.huntingpages.com (4428 words)

	Landowner Liability for Trespassing Children: Ohio's New Attractive Nuisance Doctrine
		Where a landowner maintains a dangerous artificial condition on the property and knows that children trespass near the condition, the landowner must take reasonable precautions to prevent trespassing children from potential harm.
		Where a landowner has taken reasonable precautions to protect trespassing children from dangerous artificial conditions on the property, the law considers the landowner as having met his or her legal duty, and liability will not accrue upon the landowner.
		Therefore, the landowner should have liability insurance for the property and review the policy with the insurance agent to be sure all dangerous conditions are included in the policy.
	ohioline.osu.edu /als-fact/1007.html (1813 words)

	Dept. of Fish and Wildlife_635_075
		A landowner as defined in OAR 635-045-0002 and immediate family as defined in OAR 635-045-0002, owning 40 or more contiguous acres are eligible to receive landowner hunting preference tags for controlled antlerless deer, western Oregon buck deer, western Oregon elk, and eastern Oregon antlerless elk hunts and emergency hunts occurring on their property.
		Tags issued to landowners are in addition to the number of tags issued to the public and authorized in OAR divisions 67, 68, 69, 70, 71, 73, and 78, except as described in OAR 635-075-0020.
		Landowners shall be required to submit proof of ownership at the request of the department or the Oregon State Police acting on behalf of the department.
	arcweb.sos.state.or.us /rules/OARS_600/OAR_635/635_075.html (3285 words)

	SAMPLE TIMBER CONTRACT (Site not responding. Last check: 2007-10-21)
		The Purchaser agrees to indemnify the Landowner and save it harmless from any loss, damage, costs, expense or liability, whether direct or indirect, to which the Landowner may be put by reason of any such injury, death or damage.
		In the event that the Landowner or Landowner's forester shall give the Purchaser written notice of any breach of this contract, all operations on the sale area may be suspended by the Landowner until the breach is corrected.
		In the event that unmarked trees are cut, the Landowner may cause the Purchaser to pay for such trees at the rate of $800 per thousand board feet, as scaled by the Landowner's forester.
	www.northeastforests.com /contract.htm (1644 words)

	Ponds and Legal Liability in Ohio
		Once we've identified the landowner's duty of care by determining why a person is on the property, we must analyze whether the landowner has met his duty of care by protecting the visitor from dangerous conditions on the property.
		Posting a sign indicates that the landowner is trying to meet his or her duty of care by warning visitors of existing dangerous conditions.
		A landowner who has fulfilled this legal duty by eliminating dangers or warning visitors of dangerous conditions is not likely to incur legal liability for the harm.
	ohioline.osu.edu /als-fact/1006.html (2407 words)

	Landowner Liability (Site not responding. Last check: 2007-10-21)
		First, the landowner must permit the use of his facilities or land by the public generally or by a particular class of the public, such as Little League players or Boy Scouts.
		An attractive nuisance, for which a landowner may be liable, is some aspect of the land or its improvements that actually attracts a child to trespass onto the land and causes that child's injury.
		A landowner who allows public recreation on his land may be liable for "willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity." The injured party must prove that the landowner failed to use even slight care.
	outreach.ecology.uga.edu /tools/easements/landowner_liability.html (5460 words)

	Landowner Incentive Program
		The cooperation and assistance of private landowners is essential to be able to conserve and restore native flora and fauna.
		Private landowners, individually or as a group, are encouraged to submit project proposals for their properties.
		Eligible projects include those by landowners and their partners that need technical and financial assistance to improve habitat or implement other activities on private lands for the benefit of endangered, threatened, proposed, candidate, or other at-risk species (plants and animals).
	www.state.hi.us /dlnr/dofaw/LIP (650 words)

	landowner support fund (Site not responding. Last check: 2007-10-21)
		The purpose of the Fund is to provide landowners with protection from legal costs associated with defending a claim brought by a mountain biker.
		Vermont Statutes (12 V.S.A. §5793) provides that no landowner is liable for any property damage or personal injury to a person who uses the property for recreation, provided a fee is not charged and the injury is not the result of willful or wanton misconduct of the landowner.
		The Fund would provide landowners with up to $1,500 to defray the legal costs of getting the lawsuit dismissed under 12 V.S.A. Additional monies from the Fund may be authorized at the sole discretion of the VMBA Board of Directors.
	www.vmba.org /vmbaland.htm (304 words)

	USDA Landowner Assistance Programs
		Under this program, the Federal Government may reimburse the landowner up to 75 percent of approved expenses, to a maximum of $10,000/year/landowner, in exchange for an agreement to install and maintain SIP practices for a minimum of 10 years.
		Landowner responsibilities include installing the practice(s) in accordance with standards, excluding noncompatible land uses, protecting and caring for the practice(s) for 10 years following completion, and paying for their share of the cost of installation.
		Landowners are also required to manage their property according to the terms of the easement they have voluntarily sold.
	www.fs.fed.us /na/morgantown/frm/perkey/ctpub/ctpub.html (1284 words)

	EPA > Wetlands > Landowner Assistance & Stewardship
		This information resource helps landowners understand wetlands, the benefits of wetlands, basic techniques and options for wetland management, the economic benefits of various wetland protection methods and where to go for more assistance.
		- A Guide for California Landowners - In California, a wide variety of approaches have been devised to assist landowners in protecting wetlands according to their different needs, within the context of broader conservation goals.
		Landowning Colorado Style - to obtain a copy of this guide, contact the Colorado Association of Soil Conservation Districts at 303-232-6242.
	www.epa.gov /owow/wetlands/landasst.html (770 words)

	ipedia.com: Lillie Langtry Article (Site not responding. Last check: 2007-10-21)
		Lillie Langtry (née Emilie Charlotte Le Breton) (13 October 1853 - 12 February 1929) was a British actress born on the island of Jersey in 1853 -- hence her nickname, "The Jersey Lily." Her father was the Dean of the Isle of Jersey.
		Emilie married Irish landowner Edward Langtry in 1874, but did not begin her stage career until several years later, after her husband became bankrupt.
		She also had a daughter, born in 1881, Jeanne Marie Langtry (she married, in 1902, Sir Ian Malcolm of Poltalloch, had four children, and died in 1964), whose father was definitely not Lillie's husband.
	www.ipedia.com /lillie_langtry.html (1108 words)

	MassWildlife Landowner Incentive Program (Site not responding. Last check: 2007-10-21)
		The MassWildlife Landowner Incentive Program is a partnership that provides private landowners interested in developing and maintaining wildlife habitat on their property with financial and technical assistance.
		If your project area is not permanently protected, you are willing to sign a landowner agreement and agree to keep the LIP-funded habitat enhancement or restoration project as wildlife habitat for length of time based on the amount of funding.
		Landowners eligible to receive funding include land that is not owned by the State of Massachusetts or the Federal Government.
	www.mass.gov /dfwele/dfw/dfw_lip.htm (1431 words)

	Washington State Small Forest Landowner Office - Home page
		Recognizing the significant contributions small landowners make to protecting Washington's public natural resources, the office will strive to equip landowners with all the necessary tools and information they need to keep their land in forestry use.
		Recognizing that these rules would have a disproportionate effect on small, family-owned forests, the legislature also authorized a Small Forest Landowner Office to be created within the Department of Natural Resources to begin assessing ways in which policies could be crafted to support small landowners.
		Four additional committee members are small forest landowners who were appointed by the Commissioner of Public Lands from a list of candidates submitted by the board of directors of the Washington Farm Forestry Association.
	www.wa.gov /dnr/sflo (356 words)

	Private Landowner Network \| PLN Home \|
		Being a landowner entails a certain set of responsibilities, and there are a whole host of issues and questions that require you to be an informed decision maker.
		Some Maine landowners may not be ready or able to permanently protect their property through a conservation easement or an outright conveyance to a land trust or government agency, but nevertheless seek information on how to be better stewards of their land.
		PLN is the neutral advocate that connects individual private landowners with legal, financial, and forest and farm management service providers will be represented as friendly helping hands that share the mission of the private landowners.
	www.privatelandownernetwork.org (1304 words)

	Department of Land Conservation and Development Landowner Notification
		In the 2003 legislative session, legislators passed Senate Bill 516 (SB 516), modifying the notice requirements of BM 56.
		DLCD´s contact on landowner notification is Gail Churchill, 503-373-0050 x267.
		Rural Residential Rule: OAR 660-004-0040 (pdf), House and Senate Bills (A) HB 3173, HB 3326, HB 3924, SB 212, SB 928 (pdf) and (B) HB 3173, HB 3326, HB 3924, SB 212 (pdf) notifies the city and county planning departments of new state laws applying to Exclusive Farm Use zones.
	www.oregon.gov /LCD/landnote.shtml (536 words)

	European Landowners Organisation (Site not responding. Last check: 2007-10-21)
		The ELO’s national constituent organizations in the enlarged European Union and in the Candidate Countries represent millions of landowners throughout Europe.
		The ELO seeks to develop European solutions to the challenges which will face European decision-makers in the years to come, in particular now that the European Union has welcomed ten new Member States.
		At the same time the ELO, supported by its Secretariat in Brussels, is best placed to advise on draft European legislation which affects those who live and work in the countryside.
	www.elo.org (85 words)

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