Printable Format58-2506a. Termination of farm tenancies; landlord's liability for certain substances and services provided by tenant. (a) When a notice of termination is given by the landlord pursuant to subsection (a) or (d) of K.S.A. 58-2506 and amendments thereto, and the tenant prior to receiving such notice has (1) performed customary tillage practices or has applied or furnished fertilizers, herbicides or pest control substances and (2) has not planted the ground, the landlord shall pay the tenant the fair and reasonable value of the services furnished and the fertilizers, herbicides or pest control substances furnished.
(b) Where a farm tenancy is terminated by the landlord on March 1 pursuant to subsection (a) of K.S.A. 58-2506 and amendments thereto, and the tenant planted and obtained a satisfactory stand of alfalfa the preceding fall, the landlord shall pay the tenant the fair and reasonable value of all services performed in preparing and planting the alfalfa and for all of the tenant's expenditures for seed, fertilizer, herbicide or pest control substances.
History: L. 1978, ch. 215, § 3; L. 1985, ch. 186, § 1; July 1.
Law Review and Bar Journal References:
"Survey of Kansas Law: Real and Personal Property," Deanell R. Tacha, 27 K.L.R. 283, 294 (1979).
CASE ANNOTATIONS
1. Cited; adequacy of notice to terminate and compliance with 58-2506 dealt with in depth. Buckle v. Caylor, 10 K.A.2d 443, 447, 700 P.2d 979 (1985).
2. 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).
3. 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).
4. Notice of termination of farm lease not required, tenant no longer occupying premises because tenant died. In re Estate of Sauder, 283 K. 694, 718, 719, 156 P.3d 1204 (2007).