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Common Landowner/Tenant scenarios
The following examples illustrate the most common scenarios involving Iowa
landowners and tenants and who is eligible for Landowner/Tenant licenses.
However, each case must be decided on its own merits.
- A husband and wife own land jointly (both names are on the
deed).
- The husband is listed as the owner; the wife and/or minor
children actively participate in the farm operation but are not tenants as
previously described.
- The husband is sole owner of part of the farm unit and the
wife is sole owner of another part, but all the land is farmed together as a
unit.
In all three cases, one
member of the landowner family may get one Any-deer license. The Antlerless-only licenses for which the
family may be eligible may be divided among eligible family members any way
they choose.
- One spouse owns a parcel of land away from the farm unit
that they farm. The spouse’s parcel is farmed by another individual and the
spouse is not actively engaged in farming it.
No Landowner/Tenant license may be granted for the separate parcel since
neither spouse qualifies under the definitions of Landowners
and Tenants. Only the tenant
of that parcel may have a Landowner/Tenant license.
- The owner cash-rents the entire farm to a tenant who is not the owner’s child.
Only the tenant may have a Landowner/Tenant license.
- A parent owns the land and an adult child farms it.
Both may qualify if the child pays rent (the parent as landowner, and the child
as tenant). Only the child qualifies if there is a formal purchase agreement
between the two.
- A tenant rents farm land from several owners.
The tenant or qualifying member of the tenant’s family may have one Any-deer
license. The Antlerless-only licenses for which the
tenant family may be eligible may be divided among the tenant family in any way
they choose. All licenses will be valid
on all the land the tenant rents.
- Farm laborer.
A farm laborer who is not an eligible member of the landowner or
tenant’s family and who works for wages or other compensation is not entitled
to a Landowner/Tenant license.
Joe is a landowner and his
farm unit is greater than 2 acres and contains several parcels, some of which
are spread over a multi-county area.
Q: Which parcel number should he register?
A: Even though Joe has multiple parcels, he must
register only once using a single parcel number to demonstrate his
eligibility. Once registered, Joe may
hunt with his LOT license(s) on any of the
parcels he owns.
George’s farm unit is greater than 2 acres and consists of both owned and
rented land.
Q: Is he eligible for licenses both as a
landowner AND a tenant?
A: No, the farm unit is the basis for
determining eligibility. George may
register as either a landowner OR a tenant, but not both. In these situations, the DNR recommends that
he register as a landowner because rented land can come and go. Once registered, George may use his licenses
on all parcels within his farm unit, regardless of whether they are owned or
rented.
Mary and her two minor children returned to Mary’s parent’s home after a divorce. Mary and the kids help out
around the farm. She does not pay rent, nor does she share in the profits from the farm.
Q: Does Mary qualify as a Tenant and her children as Tenant Child?
A: No, nor does Mary qualify
as a Landowner Child unless she is under the age of 18, or is 18-19 and
enrolled in high school or a G.E.D. program.
Jim and Jane are married. Jane owns the family farm in Dallas County. Jim owns the
family farm in Polk County. Both farms are rented. Jane makes the decisions for the
Dallas County farm and Jim makes decisions for the Polk County farm. Married?
Q: Are Jane and Jim eligible as Landowners on each farm individually?
A: No, although the farms are
separate, they are considered one farm unit.
Grandma and Grandpa own land
and have their minor grandchildren living with them but do not have
guardianship of the children.
Q: Are the grandchildren eligible as Landowner Child?
A: No
Mr. Smith rents his farm to more than one tenant.
Q: Who is eligible for licenses? A: Tenants are only eligible for the
parcels they rent and all of their hunting is restricted to the parcels they
rent. As long as Mr. Smith meets one of the requirements as Landowner and does
not rent his entire farm, he is eligible for Landowner licenses.
Parents are divorced and live in different states. Child is under 18
and visits the parent who lives in Iowa who is an eligible Landowner.
Q: Is the child eligible as a Landowner Child?
A: Yes, the child has Iowa residency privileges.
Q: Are Foster Children
eligible as Landowner Child or Tenant Child?
A: Yes
Issue: Selling Property
Once the deed is signed, the
buyer is considered the landowner and the seller is not eligible for landowner
status. Although the sellers may retain
the “Hunting Rights,” this does not entitle him or her to landowner licenses.
These licenses are only available to eligible landowners or tenants by law.
Issue: Qualifying Land
Land must be used for
agricultural purposes and gain or enrolled in a set aside program to be
eligible for Landowner-Tenant licenses. A landowner with two or more acres who is not receiving financial gain
from the land is not eligible for Landowner-Tenant licenses. Having a garden, mowing the lawn or planting
landscaping trees does not qualify.
Issue: Trusts and Receivers
When a farm unit is in a
trust with more than one receiver, all receivers are eligible to register as
landowners on the farm unit. The receivers must share the reduced fee
licenses. Their family members may register as spouse and child. All receivers
and family members must register on the same parcel number.
Issue: Limited Liability Corporations [LLC]
All holders in the LLC may
register as Landowners and their family may register as spouse and child. They
must register on the same parcel number for the Farm Unit and share the
reduced fee licenses. Nonresidents are
not available for reduced fee Landowner-Tenant licenses. The partners must be
operating the farm unit themselves.
Issue: Living Estates
A person who is the receiver
of a living estate must be actively farming the land to be eligible for Tenant
status. Simply being the receiver and
living in the house, but not farming the land, does not qualify.
Issue: Child Status
The child of the Landowner or
Tenant must be less than 18 years old, or may be 18 or 19 years old, if still
in high school or participating in a general equivalency degree [GED] program. If a child is 17 when they register and turns
18 before season, they are eligible to hunt under Child status. Child status
ceases when the child turns 19 and is not in high school or enrolled in a GED
program.
DNR Customer Service Center
(515) 281-5918
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