I was unaware of this relatively new law in Texas called
The Texas Agritourism Act.
I have good insurance and I am not 100% sure my land falls under this law, but I think it might. Gotta have insurance, but this could help too.
https://agrilife.org/texasaglaw/2016/02/01/texas-agritourism-act/I went ahead and ordered a couple of these signs:
Texas AgriTourism Act signs
I'm not involved in agritourism as defined. Or I don't think I am. I no longer cattle or wheat patches to feed them. I allow friends to hunt/fish my land at no cost. This looks like it is for commercial operations. It might be best for guys like me to lease hunting/fishing rights for $5.00 per year anytime someone shows up. I've never thought about my liability.
How about poachers? If one gets injured on my property, can I be sued?
Heck, I have 3 gates so ordered 3.
Dave...I am not so sure...I think we may get some coverage by this:
"By definition, an agritourism activity is an activity on agricultural land for recreational or educational purposes of the participants, regardless of compensation"
"The requirement that the property involved be “agricultural land” means that it must be land suitable for use in the production of fruit or crops grown for human or animal consumption, or plants grown for production of fibers, floriculture, viticulture, horticulture, or planting seed, or suitable for domestic or native farm or ranch animals to be kept for use or profit. This is a very broad definition–requiring only that land be “suitable for” this wide range of agriculturally related activities"
"The requirement that a person be engaged in an educational or recreational activity is also important. A “recreational purpose” is defined as including hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving (including ATVs), nature study, cave exploration, water sports, biking, disc golf, walking dogs, radio control flying, and other activities associated with enjoying nature or the outdoors. Again, this is an extremely broad definition"
"So, for example, if a plaintiff was on a defendant’s ranch land to hunt deer, that would meet the definition of an “agritourism activity” required for the statute to apply".
ps: can you imagine California writing a law like this? Ha Ha
FYI Farm Bureau sells the signs to their members for $4.
Dang, wish had known that. I’m a FB member and just spent $100
BTW, I looked this up. In Texas, it is expanded to cover hunting and fishing.
Dave it's another great piece of the puzzle to protect land owners. I hope to get my signs up this weekend.
I bought 3. One is up on my front gate. Another will go in a place that my poacher can't miss it.
ps: can you imagine California writing a law like this? Ha Ha
California landowners have been immune from liability claims due to recreational incidents since 1963. Does not apply to commercial hunting operations.
In 1963, California adopted the Recreational Use Statute (Civil Code Section 846), which makes private landowners immune from liability for injuries suffered by people who enter their land free of charge for recreational purposes. At the same time, the Legislature adopted a complementary law protecting public landowners from lawsuits filed by people using public roads and trails for recreational purposes (Government Code § 831.4).
My sign came in today. I'll post it about 50 feet inside so that the trespassers will have to climb the gate to steal it.
California landowners have been immune from liability claims due to recreational incidents since 1963.
My sign came in today. I'll post it about 50 feet inside so that the trespassers will have to climb the gate to steal it.
Good deal ShortCut. I have one at the front gate and one at the fork in road that goes around pond. Be hard to claim they didn't see it.
The property is in a LLC. The principal partner claims that being in a LLC prevents the need for the sign. Thoughts? My unknowlegable self believes the LLC protects the individuals but the LLC would still be at risk?
In NY, whenever a law is passed to prevent liability due to particular activities, that activity flourishes. i.e. Skiing, snowmobiling, etc. To me it demonstrates how Tort law is likely one of the largest detractors from freedoms for fear of liability, or lawsuits driving businesses under. It is good to see Texas doing this, NY needs the same. Heck, the US needs this in general.
The property is in a LLC. The principal partner claims that being in a LLC prevents the need for the sign. Thoughts? My unknowlegable self believes the LLC protects the individuals but the LLC would still be at risk?
That is correct. If the land is titled in the LLC then a judgment against the LLC could result in loss of the land.
Indiana has a law on the books similar to the Texas regulation. Landowners are not liable for injuries providing there aren't any dangers on the property, and if they are, a sign has to be near them warning of the danger and then the landowner is not liable.
some of you may find this article interesting...
Landowner Liability, A Real but Manageable Threathttps://www.land.com/owning/landowner-liability-a-real-but-manageable-threat/
Nice article - with some good advice.
I got some last year from Texas Farm Bureau.