Kansas Statutes 66-534. Resolution of disputes
(a) All disputes regarding lease terms and conditions shall be resolved by negotiation, mediation or, if necessary, by court action, as provided in this act.
(b) The parties shall first negotiate in good faith to resolve each such dispute. If each such dispute has not been resolved by negotiation within 60 days after negotiation is requested in writing, then upon the written request of either party, the parties shall agree upon an independent, qualified mediator to assist the parties in the resolution of each such dispute. If the parties are unable to agree upon a mediator within 30 days after such written request, then upon application of either party, the district court shall appoint an independent, qualified mediator to assist the parties in the resolution of each such dispute.
Terms Used In Kansas Statutes 66-534
- Good faith: means honesty in fact in the conduct of the transaction concerned;
(b) "improvement" means any public grain warehouse, building or other structure permanently affixed to railroad land;
(c) "lease" means any agreement between a railroad and a tenant, under the terms of which a tenant occupies the surface of railroad land, which shall include track leases when the railroad is a class II or class III railroad as defined in 49 C. See Kansas Statutes 66-532
- 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
- railroad: means any railroad company as defined in Kan. See Kansas Statutes 66-532
(c) If the parties are not successful in resolving a dispute arising under a lease through negotiation and mediation, as provided in this section, either party may commence an action in district court to resolve the dispute.
(d) In any determination of fair lease rental of the railroad land, the value of improvements owned by the tenant shall not be considered.