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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 Park & Trail Foundation. 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 Park & Trail Foundation 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 Park & Trail Foundation 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 Park & Trail Foundation 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 Drew Hanson, IAPTF Trailway Director, at (800) 227-0046 or drew@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 Park & Trail Foundation Coverage

For the majority of landowners who already have agreements with the Ice Age Park & Trail Foundation and NPS, these laws adequately serve their needs. However, IAPTF also provides some additional coverage.

Legal Information

Thomas Drought
Cook & Franke S.C.
660 East Mason Street
Milwaukee, WI 53202
(414) 271-5900
(414) 271-2002 (fax)

Land Trust Information

Gathering Waters Conservancy
211 South Paterson Street, Suite 270
Madison, WI 53703
(608) 251-9131
(608) 663-5971 (fax)
www.gatheringwaters.org

Land Trust Alliance
1331 H Street Northwest, Suite 400
Washington, DC 20005
(202) 638-4725
(202) 638-4730 (fax)
www.lta.org

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.