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58-2506. Termination of farm or pastureland tenancy; notice. (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 vegetation, 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 this section, a farm or pastureland tenant becomes a tenant from year-to-year by occupying 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 premises. Such notice shall be written and given to the tenant at least 30 days prior to such termination date.

History: G.S. 1868, ch. 55, § 6; L. 1919, ch. 224, § 1; R.S. 1923, 67-506; L. 1975, ch. 294, § 1; L. 1978, ch. 215, § 2; L. 1979, ch. 175, § 1; L. 1981, ch. 225, § 1; L. 2002, ch. 81, § 1; July 1.

Law Review and Bar Journal References:

Discussed in article on tenant farmers, H. W. Hannah, 7 K.L.R. 295, 298 (1959).

Implied warranty of habitability, 22 K.L.R. 666, 671 (1974).

"Survey of Kansas Law: Real and Personal Property," Deanell R. Tacha, 27 K.L.R. 283 (1979).

"Kansas Farmland Lease Law," Sam Brownback, Ted T. Svitavsky, 54 J.K.B.A. 201, 203, 204 (1985).

"2002 Legislative Wrap-Up," Paul T. Davis, 71 J.K.B.A. No. 7, 15 (2002).

"Kansas's Unique Treatment of Agricultural Liens," Keith G. Meyer, 53 K.L.R. 1141 (2005).

CASE ANNOTATIONS

1. Option to rent farm lands; option not exercised; contract forfeited. McBroom v. Wilgus, 108 K. 14, 16, 193 P. 1068.

2. Notice of termination of farm tenancy must conform herewith; construed; applied. Way v. Swain, 158 K. 238, 240, 241, 146 P.2d 414.

3. Applied; forcible entry action reviewed; no error. Giese v. Weeden, 165 K. 551, 556, 196 P.2d 207.

4. Agreement to pasture cattle for definite term; notice to terminate unnecessary. Brown v. Beckerdite, 174 K. 153, 158, 254 P.2d 308.

5. Record examined and section held inapplicable. Owen v. Stark, 175 K. 800, 807, 267 P.2d 948.

6. Lease agreement governed by state law as to application of federal soil bank act (dissenting opinion). Thomas v. Dudrey, 208 K. 684, 705, 711, 494 P.2d 1039.

7. Any judgment court could render where tenant's right to possession has expired considered unavailing. Graber v. Griffin, 210 K. 142, 146, 500 P.2d 35.

8. Holdover tenant on terminated year-to-year lease basis liable in damages for failure to surrender land; measure of damages. Stoppel v. Mastin, 220 K. 667, 668, 671, 556 P.2d 394.

9. Action to recover rent from holdover tenants under oral farm lease; no liability for increase in rate announced after holdover year commenced. Becker v. McFadden, 221 K. 552, 553, 554, 561 P.2d 416.

10. Term "is planted" construed; 1978 amendment does not change effect of section. Grey v. Schmidt, 224 K. 375, 581 P.2d 1180.

11. Adequacy of notice on holdover lease (d) where cropland not prepared in conformance with normal practices discussed in depth. Buckle v. Caylor, 10 K.A.2d 443, 700 P.2d 979 (1985).

12. Foreclosing mortgagee's failure to provide written termination notice to lessee growing crop precluded cancellation for year of termination. Bearden v. John Hancock Mut. Life Ins. Co., 635 F.Supp. 1084, 1087 (1986).

13. Mortgagee's nonliability for punitive damages for foreclosing mortgage and ousting lessee during growing season examined. Bearden v. John Hancock Mutual Life Ins. Co., 708 F.Supp. 1196 (D. Kan. 1987).

14. Written notice to terminate oral lease mailed August 30 and effective the following August 1 as substantial compliance examined. Mendenhall v. Roberts, 17 K.A.2d 34, 831 P.2d 568 (1992).

15. Mere intention to plant fall crop insufficient to give tenant protection of section; but legislatively prescribed date of termination controls. Orebaugh v. Leatherwood, 27 K.A.2d 730, 8 P.3d 55 (2000).

16. Decedent's estate had fiduciary obligation to perform decedent's written farm lease, failure to do so rescinds lease. In re Estate of Sauder, 283 K. 694, 708, 718, 156 P.3d 1204 (2007).


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