66-535. Tenant rights; sale or abandonment by railroad, procedure.
66-535
66-535. Tenant rights; sale or abandonment byrailroad, procedure.(a) If a railroad unreasonably refuses to renew a lease, whetheror not the tenant is required to remove its improvements pursuant to the termsof the lease, or if a railroad terminates a lease pursuant to subsection (c)(3)of K.S.A. 66-533 and amendments thereto, the tenant under the leaseshall not beejected from the railroadland, unless and until the tenant is fully compensated by the railroadfor the tenant's improvements.
(b) In the event any railroad land is sold, any lease shall be assigned tothe purchaser as part of the transaction, and the purchaser shall succeed tothe rights and obligations of the railroad under the lease and the provisionsof this act.
(c) In the event any railroad land is abandoned by a railroad, any personestablishing a superior right or title to such railroad land shall be deemed tobe a successor in interest to the railroad for purposes of this act and shallsucceed to the rights and obligations of the railroad under the lease and theprovisions of this act. The tenant shall not be dispossessed by any suchperson unless and until the tenant is fully compensated by such person for thetenant's improvements, except that such person shall have the rightto set off any obligation then due to such person from the tenant under thelease.
(d) Any dispute as to the amount of full compensation or as to a railroad'sunreasonable refusal to renew a lease, shall be resolved in the manner providedin K.S.A. 66-534 and amendments thereto.
History: L. 1998, ch. 158, § 5; July 1.