66-532. Definitions.
66-532
66-532. Definitions.As used in this act:
(a) "Good faith" means honesty in fact in the conduct of the transactionconcerned;
(b) "improvement" means any public grain warehouse, building or otherstructure permanently affixed to railroad land;
(c) "lease" means any agreement between a railroad and a tenant, under theterms of which a tenant occupies the surface of railroad land, which shallinclude track leases when the railroad is a class II or class III railroad asdefined in 49 C.F.R. 1201.1-1(a);
(d) "person" includes an individual, corporation, government, governmentalsubdivision or agency, business trust, estate, trust, partnership, limitedliability company, association or any other legal or commercial entity and anysuccessor or successors in interest thereto;
(e) "public grain warehouse" means any public warehouse or public grainwarehouse, as defined in K.S.A. 34-223, and amendments thereto;
(f) "railroad" means any railroad company as defined inK.S.A. 2009 Supp.66-2,123, andamendments thereto, and any successor or successors in interest thereto;
(g) "railroad land" means any land acquired by a railroad in strips forright-of-way and anyparcel or tract acquired by a railroad adjacent to its right-of-way, to aid inthe construction, maintenance and accommodation of its railway and which isoccupied pursuant to a lease by a tenant who owns improvements thereon;
(h) "railroad operations" means the movement, storage or servicing ofrailroad equipment used for transporting persons or freight;
(i) "successor in interest" includes any agent, successor, assignee,trustee,receiver or other person acquiring interests or rights in railroad land,including, but not limited to, the owner or holder of any servient estate orright of reversion relating to railroad land; and
(j) "tenant" means any public warehouseman, as defined in K.S.A.34-223, andamendments thereto, orother person primarily engaged in the sale or distribution of fertilizer oragricultural chemicals used or useful in the production of agricultural crops,occupying railroad land in good faith pursuant to a lease.
History: L. 1998, ch. 158, § 2;L. 2005, ch. 21, § 10;L. 2008, ch. 30, § 1; July 1.