Terms Used In Kansas Statutes 17-5904

  • Agricultural land: means land suitable for use in farming. See Kansas Statutes 17-5903
  • Authorized farm corporation: means a Kansas corporation, other than a family farm corporation, all of the incorporators of which are Kansas residents, family farm corporations or family farm limited liability agricultural companies or any combination thereof, and which is founded for the purpose of farming and the ownership of agricultural land in which:

    (1) The stockholders do not exceed 15 in number; and

    (2) the stockholders are all natural persons, family farm corporations, family farm limited liability agricultural companies or persons acting in a fiduciary capacity for the benefit of natural persons, family farm corporations, family farm limited liability agricultural companies or nonprofit corporations; and

    (3) if all of the stockholders are natural persons, at least one stockholder must be a person residing on the farm or actively engaged in labor or management of the farming operation. See Kansas Statutes 17-5903

  • Authorized trust: means a trust other than a family trust in which:

    (1) The beneficiaries do not exceed 15 in number;

    (2) the beneficiaries are all natural persons, are persons acting in a fiduciary capacity, other than as trustee for a trust, or are nonprofit corporations; and

    (3) the gross income thereof is not exempt from taxation under the laws of either the United States or the state of Kansas. See Kansas Statutes 17-5903

  • Contract: A legal written agreement that becomes binding when signed.
  • Corporate partnership: means a partnership, as defined in Kan. See Kansas Statutes 17-5903
  • Corporation: means a domestic or foreign corporation organized for profit or nonprofit purposes. See Kansas Statutes 17-5903
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Dairy production facility: means the land, structures and related equipment used for housing, breeding, raising, feeding or milking dairy cows. See Kansas Statutes 17-5903
  • Devise: To gift property by will.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Family farm corporation: means a corporation:

    (1) Founded for the purpose of farming and the ownership of agricultural land in which the majority of the voting stock is held by and the majority of the stockholders are persons related to each other, all of whom have a common ancestor within the third degree of relationship, by blood or by adoption, or the spouses or the stepchildren of any such persons, or persons acting in a fiduciary capacity for persons so related;

    (2) all of its stockholders are natural persons or persons acting in a fiduciary capacity for the benefit of natural persons; and

    (3) at least one of the stockholders is a person residing on the farm or actively engaged in the labor or management of the farming operation. See Kansas Statutes 17-5903

  • Family farm limited liability agricultural company: means a limited liability company founded for the purpose of farming and ownership of agricultural land in which:

    (1) The majority of the members are persons related to each other, all of whom have a common ancestor within the third degree of relationship, by blood or by adoption, or the spouses or the stepchildren of any such persons, or persons acting in a fiduciary capacity for persons so related;

    (2) the members are natural persons or persons acting in a fiduciary capacity for the benefit of natural persons; and

    (3) at least one of the members is a person residing on the farm or actively engaged in the labor or management of the farming operation. See Kansas Statutes 17-5903

  • Family trust: means a trust in which:

    (1) A majority of the equitable interest in the trust is held by and the majority of the beneficiaries are persons related to each other, all of whom have a common ancestor within the third degree of relationship, by blood or by adoption, or the spouses or stepchildren of any such persons, or persons acting in a fiduciary capacity for persons so related; and

    (2) all the beneficiaries are natural persons, are persons acting in a fiduciary capacity, other than as trustee for a trust, or are nonprofit corporations. See Kansas Statutes 17-5903

  • Farming: means the cultivation of land for the production of agricultural crops, the raising of poultry, the production of eggs, the production of milk, the production of fruit or other horticultural crops, grazing or the production of livestock. See Kansas Statutes 17-5903
  • Feedlot: means a lot, yard, corral, or other area in which livestock fed for slaughter are confined. See Kansas Statutes 17-5903
  • Fiduciary: A trustee, executor, or administrator.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Hydroponics: means the growing of vegetables, flowers, herbs, or plants used for medicinal purposes, in a growing medium other than soil. See Kansas Statutes 17-5903
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Limited agricultural partnership: means a limited partnership founded for the purpose of farming and ownership of agricultural land in which:

    (1) The partners do not exceed 10 in number;

    (2) the partners are all natural persons, persons acting in a fiduciary capacity for the benefit of natural persons or nonprofit corporations, or general partnerships other than corporate partnerships formed under the laws of the state of Kansas; and

    (3) at least one of the general partners is a person residing on the farm or actively engaged in the labor or management of the farming operation. See Kansas Statutes 17-5903

  • Limited liability agricultural company: means a limited liability company founded for the purpose of farming and ownership of agricultural land in which:

    (1) The members do not exceed 10 in number; and

    (2) the members are all natural persons, family farm corporations, family farm limited liability agriculture companies, persons acting in a fiduciary capacity for the benefit of natural persons, family farm corporations, family farm limited liability agricultural companies or nonprofit corporations, or general partnerships other than corporate partnerships formed under the laws of the state of Kansas; and

    (3) if all of the members are natural persons, at least one member must be a person residing on the farm or actively engaged in labor or management of the farming operation. See Kansas Statutes 17-5903

  • Limited liability company: has the meaning provided by Kan. See Kansas Statutes 17-5903
  • Limited partnership: has the meaning provided by Kan. See Kansas Statutes 17-5903
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Nonprofit corporation: means a corporation organized not-for-profit and which qualifies under section 501(c)(3) of the federal internal revenue code of 1986 as amended. See Kansas Statutes 17-5903
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Poultry confinement facility: means the structures and related equipment used for housing, breeding, laying of eggs or feeding of poultry in a restricted environment. See Kansas Statutes 17-5903
  • Rabbit confinement facility: means the structures and related equipment used for housing, breeding, raising, feeding or processing of rabbits in a restricted environment. See Kansas Statutes 17-5903
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
  • Swine production facility: means the land, structures and related equipment used for housing, breeding, farrowing or feeding of swine. See Kansas Statutes 17-5903
  • Testamentary trust: means a trust created by devising or bequeathing property in trust in a will as such terms are used in the Kansas probate code. See Kansas Statutes 17-5903
  • Trust: means a fiduciary relationship with respect to property, subjecting the person by whom the property is held to equitable duties to deal with the property for the benefit of another person, which arises as a result of a manifestation of an intention to create it. See Kansas Statutes 17-5903
  • Trustee: A person or institution holding and administering property in trust.

(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 Kan. Stat. Ann. § 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 Kan. Stat. Ann. § 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 Kan. Stat. Ann. § 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 Kan. Stat. Ann. § 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 Kan. Stat. Ann. § 17-5901, prior to its repeal; or (C) any such entity was not in compliance with the provisions of Kan. Stat. Ann. § 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 Kan. Stat. Ann. § 17-5908, as it existed before the effective date of this act, and Kan. Stat. Ann. § 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 Kan. Stat. Ann. § 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, trust, limited liability company, limited partnership or corporate partnership for use as a swine production facility in any county where the voters, after the effective date of this act, have voted pursuant to Kan. Stat. Ann. § 17-5908, and amendments thereto, to allow establishment of swine production facilities within the county.

(17) Agricultural land held or leased by a corporation, trust, limited liability company, limited partnership or corporate partnership for use as a dairy production facility in any county which has voted favorably pursuant to Kan. Stat. Ann. § 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.

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