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Written Permission: Digging on private land


unnamedprotagonist

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Fellow Hunters,

This past summer I've been trying my hand at fossil hunting. I've been "digging" and sifting local/ public creek beds and accessible construction sites in the surrounding DFW areas (TEXAS). However, it was recommended to me I start asking the permission of local farm and land owners to enter their properties for my weekend hunts. My question is what sort of written documentation do I need from these land owners to be on their land? Is there some sort of "legal standard" or template I should use for this sort of thing? I'm very new at this so please pardon my ignorance.

Thank you for any information, templates or advise you may be able to provide.

Respectfully,

Y. Michael LaBorde

P.S. I live between Ft. Worth and Denton, Texas. If there is anyone interested meeting with me to hang out, teach and explore the areas, please feel free to reach out

-M

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Typically, the biggest problem I've faced is liability for personal injury. There are standard liability wavers on the net you can print up. You should also add a clause that grants you permission to search and keep your finds. If you happen to find an amazing piece or new species, the land owner can revoke permission and have the item seized. I would make sure a clause was there for this as well. If it's new, it belongs in the proper hands for study, a university or museum. This way, the land owner cannot take said item to sell to the highest bidder. For some, the word dinosaur makes them see dollar signs and assume they will make millions. The "Nanotyrannus" found sitting in limbo for 5 million dollars(could be more) is a good example. Instead of being examined and studied, the land owner kept the specimen and is hold out for a fortune. This is the cold said truth about greed.

You shouldn't have any issues finding the documents online and making revisions recommended by other forum members. For me, a strong handshake and honesty have gone a long way here in Wisconsin. If you have children, it doesn't hurt to bring them with you when you speak to the land owner, but they will want to be reassured that you won't sue them if someone gets hurt.

Best regards,

Paul

...I'm back.

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Perhaps this could be adapted for the purpose:

permission_to_hunt.pdf

"There has been an alarming increase in the number of things I know nothing about." - Ashleigh Ellwood Brilliant

“Try to learn something about everything and everything about something.” - Thomas Henry Huxley

>Paleontology is an evolving science.

>May your wonders never cease!

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Every landowner is different hunting dinosaurs in MT and SD. You need to talk with the owner and find out what he wants and if he is interested in charging you for the access and a percentage of your finds. Some don't care others do. Some are based on a handshake others need to be written down. It's a case by case decision.

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Every landowner is different hunting dinosaurs in MT and SD. You need to talk with the owner and find out what he wants and if he is interested in charging you for the access and a percentage of your finds. Some don't care others do. Some are based on a handshake others need to be written down. It's a case by case decision.

Exactly...

For my own collecting I have access to about 20 different ranches here in WY, all based on a handshake and honesty. Sometimes even only a phone call.

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Also, there is a huge difference between basic collecting and digging. Be sure that the landowner understands how you will be collecting. Many are okay with surface collecting but not excavating, even if you state that you will fill the holes back up before leaving the property.

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I like to dig out large ammonite nodules...is this "excavation" ?

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Like JPC says, in Wyoming most ranchers go with a handshake, but even that can be risky. The key word is to use "may I collect" rather than "may I hunt." Land owners get a large fee for big game hunting on their land and associate that word to fossils. My agreement with my landowners is that if I find something of significance, then we will need to sign a contract.

A word of caution, as JPC knows, some ranchers will give you permission to hunt on BLM land, know where you are, read a map. Some believe because they lease from the BLM............well for those of in the USA, know that problem has been in the news recently. Again: read your map, check your GPS, be absolutely sure you know where you are. A story I've told many times: I had permission to collect, I found a mosasaur (now in the Tate Museum), I went to the rancher to share in the good news, he then shared that he didn't own the land he had given me permission to collect. Fortunately for me I had permission from the real land owner. I didn't read the map, but I do now.

Jim

Jim

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I've asked permission dozens of times and been on formal expeditions with universities, the GSC, etc. Whether Canada, the USA have only been declined twice.

Keep it simple...ask permission. The more casual the better...like asking to hike, hunt, fish, etc.

Best to drop by in person. Be friendly. Don't think you're disturbing anyone as most farmers, ranchers, rural folk, welcome anyone new to chat with. The issue is usually trying to get away after 45 minutes. I do a lot of nodding...go along with their politics, religion, etc. Build a relationship...next time I will drop off a gift like a six pack, fresh fruit from a grocery store, etc...depending on the people. Some have become friends. I'll offer to come out and help a day haying season, harvest, etc (I actually enjoy it). Of course rural landowners know their neighbors so it gives you more options in an area...more access and info about trails, gates, etc.

Really good advice above about who owns the land. I always will defer to the rancher, etc. They can be adamant that some land is owned or controlled by them when, in fact , it may be public. In isolated areas the locals rule the roost. You can still follow the laws..

What surprises me at times is that some land owners have no idea what you are searching for. If practical,I always show them samples of anything I collect. Try to include them.

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Please forgive me for adding a few questions to this topic.

As someone in New England, where the fossil beds are a small handful and on public land, this subject is interesting. Generally speaking, do you find there's a correlation between those that let you dig and those that allow hunters (as in deer, elk, duck, etc) on their property? Or, not? Do you find that many that do allow you to hunt are generally interested in what you find? And if so, did you ever bring a landowner along with you on a hunt?

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  • 2 weeks later...

As a farmer, my concern with digging is that it took a lot of effort to plant my pastures - many seedings and re-seedings. Once those roots take hold, I want them to stay there.

As a fellow collector, I'd be a bit stung if you walked out into my pasture and found an exquisite piece and waltzed off with it. So, I've been looking at local road cuts and quarries. Road cuts should be public but I ask if I can find the owner. I'll be looking into the quarries later this Spring. If I can get permission, I'll put the word out.

I do have permission to collect on a large road cut near New Glarus. It might be sandstone, instead of limestone so we'll see if it's productive.

We do enjoy a chat, it's almost bad manners not to stop for a minute or two, especially after you've interrupted their work. Don't stop by during milking. An offer to help should go a long way, even if they don't take you up on it.

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May I use this please?

Looks very helpful!

If you have an access situation where legalese boilerplate is called for, it might help.

"There has been an alarming increase in the number of things I know nothing about." - Ashleigh Ellwood Brilliant

“Try to learn something about everything and everything about something.” - Thomas Henry Huxley

>Paleontology is an evolving science.

>May your wonders never cease!

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  • 2 weeks later...

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