17-5904.Restrictions; exceptions;
penalties.
(a) No corporation, trust, limited liability company, limited partnership or
corporate partnership, other than a family farm corporation, authorized farm
corporation, limited liability agricultural company, family farm limited
liability agricultural company, limited agricultural
partnership, family trust, authorized trust or testamentary trust shall, either
directly or indirectly, own, acquire or otherwise obtain or lease any
agricultural land in this state. The restrictions provided in this section do
not apply to the following:
(1) A bona fide encumbrance taken for purposes of security.
(2) Agricultural land when acquired as a gift, either by grant or devise,
by a bona fide educational, religious or charitable nonprofit corporation.
(3) Agricultural land acquired by a corporation or a limited liability
company in such acreage as is necessary for the operation of a nonfarming
business. Such land may not be used for farming except under lease to one or
more natural persons, a family farm corporation, authorized farm corporation,
family trust, authorized trust or testamentary trust. The corporation shall
not engage, either directly or indirectly, in the farming operation and shall
not receive any financial benefit, other than rent, from the farming operation.
(4) Agricultural land acquired by a corporation or a limited liability
company by process of law in the collection of debts, or pursuant to a contract
for deed executed prior to the effective date of this act, or by any procedure
for the enforcement of a lien or claim thereon, whether created by mortgage or
otherwise, if such corporation divests itself of any such agricultural land
within 10 years after such process of law, contract or procedure, except that
provisions of K.S.A. 9-1102, and amendments thereto, shall apply to any bank
which acquires agricultural land.
(5) A municipal corporation.
(6) Agricultural land which is acquired by a trust company or bank in
a fiduciary capacity or as a trustee for a nonprofit corporation.
(7) Agricultural land owned or leased or held under a lease purchase
agreement as described in K.S.A. 12-1741, and amendments thereto, by a
corporation, corporate partnership, limited corporate partnership or trust on
the effective date of this act if: (A) Any such entity owned or leased such
agricultural land prior to July 1, 1965, provided such entity shall not own or
lease any greater acreage of agricultural land than it owned or leased prior to
the effective date of this act unless it is in compliance with the provisions
of this act; (B) any such entity was in compliance with the provisions of
K.S.A. 17-5901 prior to its repeal by this act, provided such entity shall not
own or lease any greater acreage of agricultural land than it owned or leased
prior to the effective date of this act unless it is in compliance with the
provisions of this act, and absence of evidence in the records of the county
where such land is located of a judicial determination that such entity
violated the provisions of K.S.A. 17-5901 prior to its repeal shall
constitute proof that the
provisions of this act do not apply to such agricultural land, and that such
entity was in compliance with the provisions of K.S.A. 17-5901 prior to its
repeal; or (C) any such entity was not in compliance with the provisions of
K.S.A. 17-5901 prior to its repeal by this act, but is in compliance with the
provisions of this act by July 1, 1991.
(8) Agricultural land held or leased by a corporation or a limited
liability company for use as a feedlot, a poultry confinement facility or
rabbit confinement facility.
(9) Agricultural land held or leased by a corporation for the purpose
of the production of timber, forest products, nursery products or sod.
(10) Agricultural land used for bona fide educational research or scientific
or experimental farming.
(11) Agricultural land used for the commercial production and conditioning
of seed for sale or resale as seed or for the growing of alfalfa by an alfalfa
processing entity if such land is located within 30 miles of such entity's
plant site.
(12) Agricultural land owned or leased by a corporate partnership or limited
corporate partnership in which the partners associated therein are either
natural persons, family farm corporations, authorized farm corporations,
limited liability agricultural companies, family trusts, authorized trusts
or testamentary trusts.
(13) Any corporation, either domestic or foreign, or any limited liability
company, organized for coal mining purposes which engages in farming on any
tract of land owned by it which has been strip mined for coal.
(14) Agricultural land owned or leased by a limited partnership prior
to the effective date of this act.
(15) Except as provided by K.S.A. 17-5908, as it existed before the
effective date of this act, and K.S.A. 1998 Supp. 17-5909,
agricultural land held or leased by
a corporation or a limited liability company for use as a swine production
facility
in any county which, before the effective date of this act, has voted
favorably pursuant to K.S.A. 17-5908, as it existed before the effective
date of this act,
either by
county resolution or by the electorate.
(16) Agricultural land held or leased by a corporation or limited
liability
company for use as a swine production facility in any county where the voters,
after the effective date of this act, have voted pursuant to K.S.A. 17-5908,
and amendments thereto, to allow establishment of swine production
facilities within the county.
(17) Agricultural land held or leased by a corporation or a
limited
liability company for use as a dairy production facility in any county which
has voted favorably pursuant to K.S.A. 17-5907 and amendments thereto,
either by county resolution or by the electorate.
(18) Agricultural land held or leased by a corporation or a
limited
liability company used in a hydroponics setting.
(b) Production contracts entered into by a corporation, trust, limited
liability
company, limited partnership or corporate partnership and a person engaged in
farming for the production of agricultural products shall not be construed to
mean the ownership, acquisition, obtainment or lease, either directly or
indirectly, of any agricultural land in this state.
(c) Any corporation, trust, limited liability company, limited partnership
or corporate partnership, other than a family farm corporation, authorized farm
corporation, limited liability agricultural company, family farm limited
liability agricultural company, limited agricultural partnership, family
trust, authorized trust or testamentary trust, violating
the provisions of this section shall be subject to a civil penalty of not more
than $50,000 and shall divest itself of any land acquired in violation of this
section within one year after judgment is entered in the action. The district
courts of this state may prevent and restrain violations of this section
through the issuance of an injunction. The attorney general or district or
county attorney shall institute suits on behalf of the state to enforce the
provisions of this section.
(d) Civil penalties sued for and recovered by the attorney general shall
be paid into the state general fund. Civil penalties sued for and recovered
by the county attorney or district attorney shall be paid into the general
fund of the county where the proceedings were instigated.
History: L. 1981, ch. 106, § 2; L. 1986, ch. 96, § 3; L. 1987, ch.
368, § 2; L. 1988, ch. 99, § 56; L. 1991, ch. 76, § 10;
L. 1994, ch. 130, § 4; L. 1994, ch. 331, § 2;
L. 1996, ch. 225, § 2;
L. 1998, ch. 143, § 44; May 7.
17-5904.Restrictions; exceptions;
penalties.
(a) No corporation, trust, limited liability company, limited partnership or
corporate partnership, other than a family farm corporation, authorized farm
corporation, limited liability agricultural company, family farm limited
liability agricultural company, limited agricultural
partnership, family trust, authorized trust or testamentary trust shall, either
directly or indirectly, own, acquire or otherwise obtain or lease any
agricultural land in this state. The restrictions provided in this section do
not apply to the following:
(1) A bona fide encumbrance taken for purposes of security.
(2) Agricultural land when acquired as a gift, either by grant or devise,
by a bona fide educational, religious or charitable nonprofit corporation.
(3) Agricultural land acquired by a corporation or a limited liability
company in such acreage as is necessary for the operation of a nonfarming
business. Such land may not be used for farming except under lease to one or
more natural persons, a family farm corporation, authorized farm corporation,
family trust, authorized trust or testamentary trust. The corporation shall
not engage, either directly or indirectly, in the farming operation and shall
not receive any financial benefit, other than rent, from the farming operation.
(4) Agricultural land acquired by a corporation or a limited liability
company by process of law in the collection of debts, or pursuant to a contract
for deed executed prior to the effective date of this act, or by any procedure
for the enforcement of a lien or claim thereon, whether created by mortgage or
otherwise, if such corporation divests itself of any such agricultural land
within 10 years after such process of law, contract or procedure, except that
provisions of K.S.A. 9-1102, and amendments thereto, shall apply to any bank
which acquires agricultural land.
(5) A municipal corporation.
(6) Agricultural land which is acquired by a trust company or bank in
a fiduciary capacity or as a trustee for a nonprofit corporation.
(7) Agricultural land owned or leased or held under a lease purchase
agreement as described in K.S.A. 12-1741, and amendments thereto, by a
corporation, corporate partnership, limited corporate partnership or trust on
the effective date of this act if: (A) Any such entity owned or leased such
agricultural land prior to July 1, 1965, provided such entity shall not own or
lease any greater acreage of agricultural land than it owned or leased prior to
the effective date of this act unless it is in compliance with the provisions
of this act; (B) any such entity was in compliance with the provisions of
K.S.A. 17-5901 prior to its repeal by this act, provided such entity shall not
own or lease any greater acreage of agricultural land than it owned or leased
prior to the effective date of this act unless it is in compliance with the
provisions of this act, and absence of evidence in the records of the county
where such land is located of a judicial determination that such entity
violated the provisions of K.S.A. 17-5901 prior to its repeal shall
constitute proof that the
provisions of this act do not apply to such agricultural land, and that such
entity was in compliance with the provisions of K.S.A. 17-5901 prior to its
repeal; or (C) any such entity was not in compliance with the provisions of
K.S.A. 17-5901 prior to its repeal by this act, but is in compliance with the
provisions of this act by July 1, 1991.
(8) Agricultural land held or leased by a corporation or a limited
liability company for use as a feedlot, a poultry confinement facility or
rabbit confinement facility.
(9) Agricultural land held or leased by a corporation for the purpose
of the production of timber, forest products, nursery products or sod.
(10) Agricultural land used for bona fide educational research or scientific
or experimental farming.
(11) Agricultural land used for the commercial production and conditioning
of seed for sale or resale as seed or for the growing of alfalfa by an alfalfa
processing entity if such land is located within 30 miles of such entity's
plant site.
(12) Agricultural land owned or leased by a corporate partnership or limited
corporate partnership in which the partners associated therein are either
natural persons, family farm corporations, authorized farm corporations,
limited liability agricultural companies, family trusts, authorized trusts
or testamentary trusts.
(13) Any corporation, either domestic or foreign, or any limited liability
company, organized for coal mining purposes which engages in farming on any
tract of land owned by it which has been strip mined for coal.
(14) Agricultural land owned or leased by a limited partnership prior
to the effective date of this act.
(15) Except as provided by K.S.A. 17-5908, as it existed before the
effective date of this act, and K.S.A. 1998 Supp. 17-5909,
agricultural land held or leased by
a corporation or a limited liability company for use as a swine production
facility
in any county which, before the effective date of this act, has voted
favorably pursuant to K.S.A. 17-5908, as it existed before the effective
date of this act,
either by
county resolution or by the electorate.
(16) Agricultural land held or leased by a corporation or limited
liability
company for use as a swine production facility in any county where the voters,
after the effective date of this act, have voted pursuant to K.S.A. 17-5908,
and amendments thereto, to allow establishment of swine production
facilities within the county.
(17) Agricultural land held or leased by a corporation or a
limited
liability company for use as a dairy production facility in any county which
has voted favorably pursuant to K.S.A. 17-5907 and amendments thereto,
either by county resolution or by the electorate.
(18) Agricultural land held or leased by a corporation or a
limited
liability company used in a hydroponics setting.
(b) Production contracts entered into by a corporation, trust, limited
liability
company, limited partnership or corporate partnership and a person engaged in
farming for the production of agricultural products shall not be construed to
mean the ownership, acquisition, obtainment or lease, either directly or
indirectly, of any agricultural land in this state.
(c) Any corporation, trust, limited liability company, limited partnership
or corporate partnership, other than a family farm corporation, authorized farm
corporation, limited liability agricultural company, family farm limited
liability agricultural company, limited agricultural partnership, family
trust, authorized trust or testamentary trust, violating
the provisions of this section shall be subject to a civil penalty of not more
than $50,000 and shall divest itself of any land acquired in violation of this
section within one year after judgment is entered in the action. The district
courts of this state may prevent and restrain violations of this section
through the issuance of an injunction. The attorney general or district or
county attorney shall institute suits on behalf of the state to enforce the
provisions of this section.
(d) Civil penalties sued for and recovered by the attorney general shall
be paid into the state general fund. Civil penalties sued for and recovered
by the county attorney or district attorney shall be paid into the general
fund of the county where the proceedings were instigated.
History: L. 1981, ch. 106, § 2; L. 1986, ch. 96, § 3; L. 1987, ch.
368, § 2; L. 1988, ch. 99, § 56; L. 1991, ch. 76, § 10;
L. 1994, ch. 130, § 4; L. 1994, ch. 331, § 2;
L. 1996, ch. 225, § 2;
L. 1998, ch. 143, § 44; May 7.
17-5904.Restrictions; exceptions;
penalties.
(a) No corporation, trust, limited liability company, limited partnership or
corporate partnership, other than a family farm corporation, authorized farm
corporation, limited liability agricultural company, family farm limited
liability agricultural company, limited agricultural
partnership, family trust, authorized trust or testamentary trust shall, either
directly or indirectly, own, acquire or otherwise obtain or lease any
agricultural land in this state. The restrictions provided in this section do
not apply to the following:
(1) A bona fide encumbrance taken for purposes of security.
(2) Agricultural land when acquired as a gift, either by grant or devise,
by a bona fide educational, religious or charitable nonprofit corporation.
(3) Agricultural land acquired by a corporation or a limited liability
company in such acreage as is necessary for the operation of a nonfarming
business. Such land may not be used for farming except under lease to one or
more natural persons, a family farm corporation, authorized farm corporation,
family trust, authorized trust or testamentary trust. The corporation shall
not engage, either directly or indirectly, in the farming operation and shall
not receive any financial benefit, other than rent, from the farming operation.
(4) Agricultural land acquired by a corporation or a limited liability
company by process of law in the collection of debts, or pursuant to a contract
for deed executed prior to the effective date of this act, or by any procedure
for the enforcement of a lien or claim thereon, whether created by mortgage or
otherwise, if such corporation divests itself of any such agricultural land
within 10 years after such process of law, contract or procedure, except that
provisions of K.S.A. 9-1102, and amendments thereto, shall apply to any bank
which acquires agricultural land.
(5) A municipal corporation.
(6) Agricultural land which is acquired by a trust company or bank in
a fiduciary capacity or as a trustee for a nonprofit corporation.
(7) Agricultural land owned or leased or held under a lease purchase
agreement as described in K.S.A. 12-1741, and amendments thereto, by a
corporation, corporate partnership, limited corporate partnership or trust on
the effective date of this act if: (A) Any such entity owned or leased such
agricultural land prior to July 1, 1965, provided such entity shall not own or
lease any greater acreage of agricultural land than it owned or leased prior to
the effective date of this act unless it is in compliance with the provisions
of this act; (B) any such entity was in compliance with the provisions of
K.S.A. 17-5901 prior to its repeal by this act, provided such entity shall not
own or lease any greater acreage of agricultural land than it owned or leased
prior to the effective date of this act unless it is in compliance with the
provisions of this act, and absence of evidence in the records of the county
where such land is located of a judicial determination that such entity
violated the provisions of K.S.A. 17-5901 prior to its repeal shall
constitute proof that the
provisions of this act do not apply to such agricultural land, and that such
entity was in compliance with the provisions of K.S.A. 17-5901 prior to its
repeal; or (C) any such entity was not in compliance with the provisions of
K.S.A. 17-5901 prior to its repeal by this act, but is in compliance with the
provisions of this act by July 1, 1991.
(8) Agricultural land held or leased by a corporation or a limited
liability company for use as a feedlot, a poultry confinement facility or
rabbit confinement facility.
(9) Agricultural land held or leased by a corporation for the purpose
of the production of timber, forest products, nursery products or sod.
(10) Agricultural land used for bona fide educational research or scientific
or experimental farming.
(11) Agricultural land used for the commercial production and conditioning
of seed for sale or resale as seed or for the growing of alfalfa by an alfalfa
processing entity if such land is located within 30 miles of such entity's
plant site.
(12) Agricultural land owned or leased by a corporate partnership or limited
corporate partnership in which the partners associated therein are either
natural persons, family farm corporations, authorized farm corporations,
limited liability agricultural companies, family trusts, authorized trusts
or testamentary trusts.
(13) Any corporation, either domestic or foreign, or any limited liability
company, organized for coal mining purposes which engages in farming on any
tract of land owned by it which has been strip mined for coal.
(14) Agricultural land owned or leased by a limited partnership prior
to the effective date of this act.
(15) Except as provided by K.S.A. 17-5908, as it existed before the
effective date of this act, and K.S.A. 1998 Supp. 17-5909,
agricultural land held or leased by
a corporation or a limited liability company for use as a swine production
facility
in any county which, before the effective date of this act, has voted
favorably pursuant to K.S.A. 17-5908, as it existed before the effective
date of this act,
either by
county resolution or by the electorate.
(16) Agricultural land held or leased by a corporation or limited
liability
company for use as a swine production facility in any county where the voters,
after the effective date of this act, have voted pursuant to K.S.A. 17-5908,
and amendments thereto, to allow establishment of swine production
facilities within the county.
(17) Agricultural land held or leased by a corporation or a
limited
liability company for use as a dairy production facility in any county which
has voted favorably pursuant to K.S.A. 17-5907 and amendments thereto,
either by county resolution or by the electorate.
(18) Agricultural land held or leased by a corporation or a
limited
liability company used in a hydroponics setting.
(b) Production contracts entered into by a corporation, trust, limited
liability
company, limited partnership or corporate partnership and a person engaged in
farming for the production of agricultural products shall not be construed to
mean the ownership, acquisition, obtainment or lease, either directly or
indirectly, of any agricultural land in this state.
(c) Any corporation, trust, limited liability company, limited partnership
or corporate partnership, other than a family farm corporation, authorized farm
corporation, limited liability agricultural company, family farm limited
liability agricultural company, limited agricultural partnership, family
trust, authorized trust or testamentary trust, violating
the provisions of this section shall be subject to a civil penalty of not more
than $50,000 and shall divest itself of any land acquired in violation of this
section within one year after judgment is entered in the action. The district
courts of this state may prevent and restrain violations of this section
through the issuance of an injunction. The attorney general or district or
county attorney shall institute suits on behalf of the state to enforce the
provisions of this section.
(d) Civil penalties sued for and recovered by the attorney general shall
be paid into the state general fund. Civil penalties sued for and recovered
by the county attorney or district attorney shall be paid into the general
fund of the county where the proceedings were instigated.
History: L. 1981, ch. 106, § 2; L. 1986, ch. 96, § 3; L. 1987, ch.
368, § 2; L. 1988, ch. 99, § 56; L. 1991, ch. 76, § 10;
L. 1994, ch. 130, § 4; L. 1994, ch. 331, § 2;
L. 1996, ch. 225, § 2;
L. 1998, ch. 143, § 44; May 7.