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Landowner Information Leaving a Legacy The Ice Age Trail would not exist without the generosity of private landowners. Thanks to these community-minded citizens, more than 100 miles of Ice Age Trail are open for hiking on private land. Many Ice Age Trail segments on private land remain open to the public through handshake or license agreements between the landowner and the local volunteer chapter of the Ice Age Trail Alliance. Though tremendously helpful, these informal agreements are sometimes lost when properties are sold and land uses change. Fortunately, increasing numbers of landowners are permanently protecting the Ice Age Trail on their properties by donating or selling their property or conservation easements to the Ice Age Trail Alliance or one of its partners. Thanks to these landowners, the Ice Age Trail is closer to remaining open to public walking forever. Protecting land in partnership with the Ice Age Trail Alliance provides several options, each offering flexibility to make sure you have the type of agreement you want and the protection of your land for the life of that arrangement. Agreements between landowners and the Ice Age Trail Alliance can vary in length, type and cost. Some arrangements may provide a landowner with tax benefits. These arrangements include reserved life estates, gifts by will, bargain sales, installment sales and donated conservation easements. If you are interested in protecting the Ice Age Trail across your property, several resources exist to help you make your decision. See the “Legal Information”, “Land Trust Information” and “Other Resources” sections below to get started. Once you are ready to talk with us, contact Kevin Thusius, Ice Age Trail Alliance Lands & Stewardship Manager, at 800-227-0046 or kevin@iceagetrail.org. Liability Landowners who choose to allow the Ice Age Trail on their property are protected in a number of ways. Personal Coverage Landowners should review their own comprehensive insurance coverage for their home, since many policies include liability coverage for recreational acreage (i.e., vacant land). State Coverage In the absence of personal coverage, the best protection landowners have is under the Wisconsin Recreational Use Statute of 1984 (WI Statute 895.52). This law limits the liability of private landowners for injuries to a person engaged in a recreational activity on their land. The law defines recreational activity as "any outdoor activity undertaken for the purpose of exercise, relaxation or pleasure, including practice or instruction of any such activity." There are 30 different recreational activities defined in the statute, including hiking, birdwatching and cross-country skiing. The law does not require landowners to inspect their property or keep the property safe for recreational activity. Only in cases where the landowner acted "maliciously" may he or she be liable. Federal Coverage If a landowner enters into an agreement with the National Park Service (NPS) through its "Volunteers in Parks" program (VIP), that landowner is also protected by the federal government (U.S. law 16 U.S. C. 18g). The VIP program accepts the services of volunteers for activities in and related to areas administered by NPS, at no cost to the volunteer. Under the VIP program, if someone sued a landowner for any injuries related to hiking or working on the Trail, that landowner is treated as an employee of the federal government, and would be represented and defended by the U.S. Department of Justice. Court costs associated with the lawsuit would also be covered by the federal government. Ice Age Trail Alliance Coverage For the majority of landowners who already have agreements with the Ice Age Trail Alliance and NPS, these laws adequately serve their needs. However, the Ice Age Trail Alliance also provides some additional coverage. Legal Information Thomas Drought Land Trust Information Gathering Waters Conservancy Land Trust Alliance Other Resources Gathering Waters Conservancy devotes a section of their website to helping landowners understand protection options for their private property at http://www.gatheringwaters.org/landprotection_options.php Conservation Options: A Landowner's Guide, 1994, Land Trust Alliance, 1331 H St. NW, Suite 400, Washington, DC 20005, (202) 638-4725. Protecting Your Land—A Guide for Wisconsin Private Landowners, 1993, Wisconsin Department of Natural Resources, Bureau of Endangered Resources, P.O. Box 7921, Madison, WI 53707. Wisconsin's Recreational Use Statute—Limiting the Injury Liability of Private Landowners, 1990, Donald Last, University of Wisconsin-Extension, Room 245, 30 N. Murray St., Madison, WI 53715, (608) 262-3346. |
