Michigan Sportsman Forum banner

1 - 16 of 16 Posts

·
Registered
Joined
·
211 Posts
Discussion Starter · #1 ·
If they're not posted can you hunt on them? I thought I heard Fred Trost say that you could and showed a MCL # on the screen for a few seconds like he usually does. I would never hunt deer from these because they're too narrow, but Turkey's would be perfect. I think that I would be able to unless someone from DTE would come out and kick me out. Now when I hunted the lease that bordered the powerline, there were many people hunting and riding atv's, 4x4's, dirt bikes and just walking their dog down the powerline. What do you think?
 

·
Registered
Joined
·
480 Posts
To be on the safe side, why not just give the power company a call and ask them?

I recently heard that some power companys in the state are opposing the dove hunting referendum because they think that if people hunt doves on their right of way, the incident of malicious shooting of the insulators on their lines will increase.
 

·
Banned
Joined
·
11,839 Posts
I have never heard of a power company giving permission yet, even to their own employees. Some power right of ways are just that, a right of way and not power company property. Regardless, it is all (unless running through state land of course) private property and you need permission.
 

·
Registered
Joined
·
211 Posts
Discussion Starter · #4 ·
I guess I will not go there, but what about the few people a day and more on weekends who go on there? I guess they're tresspassing and could be ticketed at anytime? I think if I ask the power company they will definatley say no, but I think that's the way the law works. You see, if I ask them and they said yes then they would be liable (unless we made a contract, LOL), but if someone goes on there without asking and gets hurt, then that would be recreational tresspass and the power company would not be liable. Well, I suppose it all boils down to money to get a good hunting spot, and that would be ALOT of money. The developers that bought out our lease last year (next to the powerline) said we did'nt have enough money. He could'nt even give me a price, because him and his brothers were hunters. I asked him about some of his other properties and still no, not even a price, I think I offered 3 grand a year and clean the whole property, he laughed. I don't think he would've taken 10 grand a year. What do you offer a millionare to lease his good hunting land? Answer: You don't, he will not take anything. This sucks! Looks like i'm stuck playing the lotto for a good hunting spot.
 

·
Banned
Joined
·
11,839 Posts
Your incorrect on the liable part. Giving permission or not giving permission has nothing to do with liability. Every area I have worked in the power company, be it Edison or Consumers, has made the effort to contact me and want COs to arrest anyone on their property.
 

·
Registered
Joined
·
211 Posts
Discussion Starter · #6 ·
Originally posted by boehr
Giving permission or not giving permission has nothing to do with liability.
Really? Ok, i'll take your word for it, but I think i'll dig a little deeper on the subject. Ignorance is not something to take with you in the field. Thanks. You should get paid for this!
 

·
Banned
Joined
·
11,839 Posts
MCL 324.73301 Liability of landowner, tenant, or lessee for injuries to persons on property for purpose of outdoor recreation or trail use, using Michigan trailway or other public trail, gleaning agricultural or farm products, fishing or hunting, or picking and purchasing agricultural or farm products at farm or “u-pick” operation; definition.
Sec. 73301.

(1) Except as otherwise provided in this section, a cause of action shall not arise for injuries to a person who is on the land of another without paying to the owner, tenant, or lessee of the land a valuable consideration for the purpose of fishing, hunting, trapping, camping, hiking, sightseeing, motorcycling, snowmobiling, or any other outdoor recreational use or trail use, with or without permission, against the owner, tenant, or lessee of the land unless the injuries were caused by the gross negligence or willful and wanton misconduct of the owner, tenant, or lessee.

(2) A cause of action shall not arise for injuries to a person who is on the land of another without paying to the owner, tenant, or lessee of the land a valuable consideration for the purpose of entering or exiting from or using a Michigan trailway as designated under part 721 or other public trail, with or without permission, against the owner, tenant, or lessee of the land unless the injuries were caused by the gross negligence or willful and wanton misconduct of the owner, tenant, or lessee. For purposes of this subsection, a Michigan trailway or public trail may be located on land of any size including, but not limited to, urban, suburban, subdivided, and rural land.

(3) A cause of action shall not arise against the owner, tenant, or lessee of land or premises for injuries to a person who is on that land or premises for the purpose of gleaning agricultural or farm products, unless that person's injuries were caused by the gross negligence or willful and wanton misconduct of the owner, tenant, or lessee.

(4) A cause of action shall not arise against the owner, tenant, or lessee of a farm used in the production of agricultural goods as defined by section 35(1)(h) of the single business tax act, Act No. 228 of the Public Acts of 1975, being section 208.35 of the Michigan Compiled Laws, for injuries to a person who is on that farm and has paid the owner, tenant, or lessee valuable consideration for the purpose of fishing or hunting, unless that person's injuries were caused by a condition which involved an unreasonable risk of harm and all of the following apply:

(a) The owner, tenant, or lessee knew or had reason to know of the condition or risk.

(b) The owner, tenant, or lessee failed to exercise reasonable care to make the condition safe, or to warn the person of the condition or risk.

(c) The person injured did not know or did not have reason to know of the condition or risk.


(5) A cause of action shall not arise against the owner, tenant, or lessee of land or premises for injuries to a person, other than an employee or contractor of the owner, tenant, or lessee, who is on the land or premises for the purpose of picking and purchasing agricultural or farm products at a farm or “u-pick” operation, unless the person's injuries were caused by a condition that involved an unreasonable risk of harm and all of the following apply:

(a) The owner, tenant, or lessee knew or had reason to know of the condition or risk.

(b) The owner, tenant, or lessee failed to exercise reasonable care to make the condition safe, or to warn the person of the condition or risk.

(c) The person injured did not know or did not have reason to know of the condition or risk.


(6) As used in this section, “agricultural or farm products” means the natural products of the farm, nursery, grove, orchard, vineyard, garden, and apiary, including, but not limited to, trees and firewood.

http://www.michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-324-73301&highlight=
 

·
Registered
Joined
·
1,820 Posts
You can not hunt on their property. I lease property from them for agriculture purposes. They will not give permission to hunt on their propery.

I met with their field supervisor last summer to go over some issues and talked to him about this issue. We talked about how people assume that they can hunt, ride on, ect. on the property. I also heard some stories on stupid hunters. Seems some people think the towers make great supports for their deer stand, future Darwin Award winners.
 

·
Registered
Joined
·
211 Posts
Discussion Starter · #9 ·
Thanks again. It looks to me like if I paid (valuable consideration) a land owner then they would be liable. Maybe that's why it's so hard to lease land. I wonder if a signed and noterized agreement between the two parties would override that. No wonder people get confused when trying to learn about the law, they have their own language, it should be called lawer slang. Hmmmm...I wonder what it says about not properly posted land?
 

·
Premium Member
Joined
·
7,379 Posts
Originally posted by MIKE W
Thanks again. It looks to me like if I paid (valuable consideration) a land owner then they would be liable. Maybe that's why it's so hard to lease land.
Re-read that Mike - even if you paid, the land owner is NOT liable, unless there was some obvious condition that he neglected to tell you about - lacking that - no harm no foul.

ferg....
 

·
Banned
Joined
·
11,839 Posts
Correct Ferg. The example I have used for gross negligence or willful and wanton misconduct of the owner, would be if the owner dug a hole, put pungy sticks in the bottom of the hole, then spread some covering over the hole so someone would fall through.

Liability is a very big misconception by property owners and hunters. I have never, nor has anyone I ever asked, been able to show me any type of documentation of a civil suit because someone got hurt on someone elses property while hunting or fishing with or without permission, paying or not paying. Even in this world were anyone can sue anyone for anything, it still doesn't happen in the hunting arena.
 

·
Premium Member
Joined
·
7,379 Posts
Originally posted by boehr
The example I have used for gross negligence or willful and wanton misconduct of the owner, would be if the owner dug a hole, put pungy sticks in the bottom of the hole, then spread some covering over the hole so someone would fall through.
Now thats willful and wanton !!!

ferg....
too funny Ray....:D :D
 

·
Registered
Joined
·
211 Posts
Discussion Starter · #13 ·
I still don't get it. Maybe we should just leave it at that. I read it a bunch of times and it does'nt make sense to me. I'm a layman. I understood everything except for "without paying to the owner a valuable consideration". What's so hard to understand, is that whole paragraph is one sentence. By the time your finished reading it, you forgot what the whole thing was all about.:confused: :D
 

·
IZ Kamakawiwo'ole lives!
Joined
·
5,133 Posts
Yup.......too funny ! LOL
:lol:
 

·
Premium Member
Joined
·
8,061 Posts
Alot of the powerlines running thru the county side are NOT the property of the power companys. They are easements that are controlled by the power companys but not owned by them. Therefore you need the permission of the property owner not the power company.

I have a 100 foot easement across my land that was obtained in the 70's for eternity. The total cost to Wolverine Power was $30. I pay the taxes they do as they please with the land.

For some reason when they come thru to trim it out they do it around the 7th of November. Bye Bye deer season.
 

·
Registered
Joined
·
2,965 Posts
multibeard said:
I have a 100 foot easement across my land that was obtained in the 70's for eternity. The total cost to Wolverine Power was $30. I pay the taxes they do as they please with the land.

For some reason when they come thru to trim it out they do it around the 7th of November. Bye Bye deer season.
Now that is just plain RUDE :16suspect
 
1 - 16 of 16 Posts
Top