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“Deer and Animal Breeding, Preserve Hunting, and Governmental Interference: The Dilution and Unconstitutional Taking of Private Property by the State,” Drake Journal of Agricultural Law

Knowledge

“Deer and Animal Breeding, Preserve Hunting, and Governmental Interference: The Dilution and Unconstitutional Taking of Private Property by the State,” Drake Journal of Agricultural Law

Vol. 18.3, 2013

“There is great concern among hunting and fishing rights supporters for the need to constitutionalize and otherwise protect hunting and fishing rights within the states, particularly with the rising strength of animal rights groups,” writes Kurtis B. Reeg, a partner in Goldberg Segalla’s Farm and Agriculture Law Practice Group.

“The discovery of contagious diseases, such as Chronic Wasting Disease, in deer populations in various states has also led to stricter regulation of deer hunting in both the public domain and private hunting preserves. In particular, deer hunting for sport and enjoyment on hunting preserves and landowners’ rights as they pertain to farm deer have seen an onslaught of regulations in the last ten years, restricting the rights of farmers and property owners alike.”

In this article, Kurt examines the right generally to hunt deer in Iowa, the effects of CWD-inspired and driven regulations on the rights of hunters and hunting preserve owners and animal breeders, and the availability of constitutional “takings” protection to defend those rights.

  • “Deer and Animal Breeding, Preserve Hunting, and Governmental Interference: The Dilution and Unconstitutional Taking of Private Property by the State,” Drake Journal of Agricultural Law, Vol. 18.3, 2013