86-030
When a person leases land, do they own all or any hunting rights on that property? Q2) What constitutes proper posting of land under state law? Q3) Can a person who is the lessee of property keep other people from hunting on that property without it being properly posted? ANSWER: Q1) Yes. Q2) T
Cite as Ark. Op. Att'y Gen. 86-030
STATE OF ARKANSAS
OFFICE OF THE ATTORNEY GENERAL
JUSTICE BUILDING, LITTLE ROCK 72201
STEVE CLARK | . , (501) 371-2007
ATTORNES GENEGN No. 86-30 | February 4, 1986
- Honorable Ted Mullenix
State Representative
Route 1, Box 271J
Pearcy, Arkansas 71964
Dear Representative Muilenix:
This is in response to your inquiry whereby you submitted the following:
1. When a person leases land, do they own all or
any hunting rights on that property.
2, What constitutes proper posting of land under
Arkansas State Law. |
3. Can a person who is the Lessee of property, keep
other people from hunting on that property without
it being properly posted,
hoy . In.regard to your first question I would assume that since your letter
refers to hunting clubs that a lessee would be leasing all of the hunt-
ing vights in the tand.
As to your second question, there are various methods of posting
lands but Act 1090 of 1985 allows posting of forest lands. You
. Will note that Act 1090 does not repeal Ark, Stat. Ann. §$50-1101 nor
does it repeal or modify Ark. Stat. §41-2004 which is the provision
Of the Criminal Code. relating to trespass.
Lastly, Ark. Stat. §41+2062 provides that it is unlawful for. any person
‘to enter for recreational purposes upon lands posted under the provision
of this Act without permission. of the lessee.
~The foregoing opinion, which I hereby approve, was prepared by Chief
_ Deputy Attorney General Rodney Parham,
Yours ruly,
SC:RP:1m