Session Law

Identifying Information:L. 2002 ch. 081
Other Identifying Information:2002 House Bill 2768
Tax Type:Other
Brief Description:An Act concerning farm and pastureland tenancies; relating to termination thereof;amending K.S.A. 58-2506 and repealing the existing section.
Keywords:


Body:

CHAPTER 81

HOUSE BILL No. 2768

An Act concerning farm and pastureland tenancies; relating to termination thereof;

amending K.S.A. 58-2506 and repealing the existing section.


Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 58-2506 is hereby amended to read as follows: 58-

2506. (a) Except as may be otherwise provided by this section or by a

written lease signed by the parties thereto, in cases of tenants occupying

and cultivating farms or occupying or leasing pastureland, the notice to

terminate such a farm or pastureland tenancy must be given in writing

at least 30 days prior to March 1 and must fix the termination of the

tenancy to take place on March 1. For purposes of this act, ``pastureland''

means land used for livestock grazing or hay production, or both, which

includes perennial vegetation, including, but not limited to, native vege-

tation, grass-like plants, forbs, shrubs, savannas, shrublands, marshes and

meadows.

(b) When a notice of termination is given pursuant to subsection (a)

after a fall seeded grain crop has been planted, as to that part of the farm

which is planted to a fall seeded grain crop on cropland which has been

prepared in conformance with normal practices in the area, the notice

shall be construed as fixing the termination of the tenancy of such portion

to take place on the day following the last day of harvesting such crop or

crops, or August 1, whichever comes first.

(c) When a notice of termination is given pursuant to subsection (a)

after the 30th day preceding March 1 and prior to the planting of a fall

seeded grain crop on cropland which has been prepared in conformance

with normal practices in the area, in any year in which a fall seeded grain

crop has been or will be harvested, the notice shall be construed as fixing

the termination of the tenancy of that part of the farm devoted to fall

seeded grain crops on the day following the last day of harvesting such

crop or crops in the succeeding year or August 1 of such succeeding year,

whichever comes first.

(d) Subject to the provisions of subsections (b) and (c) this section, a

farm or pastureland tenant becomes a tenant from year-to-year by oc-

cupying the premises after the expiration of the term fixed in a written

lease, in which case the notice of termination of tenancy must fix the

termination of tenancy to take place on the same day of the same month

following the service of the notice as the day and month of termination

fixed in the original lease under which the tenant first occupied the prem-

ises. Such notice shall be written and given to the tenant at least 30 days

prior to such termination date.

Sec. 2. K.S.A. 58-2506 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 23, 2002.


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Date Composed: 10/10/2002 Date Modified: 10/10/2002