House File 2357 - Introduced
HOUSE FILE
BY S. OLSON
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to farm tenancies.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
3 TLSB 5538HH 81
4 da/gg/14
PAG LIN
1 1 Section 1. NEW SECTION. 562.1A DEFINITIONS.
1 2 As used in this chapter, unless the context otherwise
1 3 requires:
1 4 1. "Farm tenancy" means a leasehold interest in land held
1 5 by a person who produces crops or provides for the care and
1 6 feeding of livestock on the land, including by grazing or
1 7 supplying feed to the livestock.
1 8 2. "Livestock" means the same as defined in section 717.1.
1 9 Sec. 2. Section 562.5, Code 2005, is amended to read as
1 10 follows:
1 11 562.5 TERMINATION OF FARM TENANCIES.
1 12 In the case of tenants occupying and cultivating farms a
1 13 farm tenancy, the notice must fix the termination of the farm
1 14 tenancy to take place on the first day of March, except in
1 15 cases of a mere croppers cropper, whose leases farm tenancy
1 16 shall be held to expire terminate when the crop is harvested;.
1 17 However, if the crop is corn, it the termination shall not be
1 18 later than the first day of December, unless otherwise agreed
1 19 upon.
1 20 Sec. 3. Section 562.6, Code 2005, is amended to read as
1 21 follows:
1 22 562.6 AGREEMENT FOR TERMINATION.
1 23 If an agreement is made fixing the time of the termination
1 24 of the a tenancy, whether in writing or not, the tenancy shall
1 25 cease terminate at the time agreed upon, without notice. In
1 26 the case of farm tenants, except Except for a farm tenant who
1 27 is a mere croppers, occupying and cultivating cropper, a farm
1 28 tenancy with an acreage of forty acres or more, the tenancy
1 29 shall continue beyond the agreed term for the following crop
1 30 year and otherwise upon the same terms and conditions as the
1 31 original lease unless written notice for termination is served
1 32 upon either party or a successor of the party in the manner
1 33 provided in section 562.7, whereupon the farm tenancy shall
1 34 terminate March 1 following. However, the tenancy shall not
1 35 continue because of an absence of notice if there is default
2 1 in the performance of the existing rental agreement.
2 2 EXPLANATION
2 3 Code chapter 562, and in particular Code sections 562.5,
2 4 562.6, and 562.7, governs how notice must be provided to a
2 5 farm tenant in order to terminate a lease by providing a
2 6 number of rights to farmer=tenants. For example, there must
2 7 be a fixed amount of time between a notice of termination and
2 8 the actual termination date (the notice must be given by
2 9 September 1 to terminate the lease for the following crop
2 10 year), it must terminate on March 1, and if there is no timely
2 11 notice of the termination or the notice does not otherwise
2 12 satisfy the requirements of the statute, the tenancy will
2 13 automatically be continued under the same terms and conditions
2 14 of the original lease for the following crop year (unless the
2 15 parties agree otherwise).
2 16 There are several exceptions. The tenants' rights
2 17 provisions do not apply to a "mere cropper" (an undefined
2 18 term, but generally a person who pays for the land's use on a
2 19 crop share basis, meaning a percentage of the crops produced
2 20 on the land rather than a fixed amount), a tenancy which is
2 21 less than 40 acres, where there is a default in the
2 22 performance of the terms of the lease, or where the tenant is
2 23 not "occupying and cultivating" the land. The Iowa Supreme
2 24 Court has held that the term "occupy" is not restricted to
2 25 residency. See Paulson v. Rogis, 77 N.W.2d 33 (Iowa 1956).
2 26 However, in a later case, the Iowa Supreme Court held that
2 27 "cultivation" did not include using the land for grazing or
2 28 presumably post=harvest gleaning under common "cornstalk
2 29 leases". See Morling v. Schmidt, 299 N.W.2d 480 (Iowa 1980).
2 30 This bill amends Code chapter 562 by defining a "farm
2 31 tenancy" to mean a leasehold interest in land held by a person
2 32 who produces crops or provides for the care and feeding of
2 33 livestock on the land, including by grazing or supplying feed
2 34 to the livestock. The bill eliminates the term "occupying and
2 35 cultivating". "Livestock" is defined by reference to a
3 1 commonly used definition in Code section 717.1, which includes
3 2 an animal belonging to the bovine, caprine, equine, ovine, or
3 3 porcine species, ostriches, rheas, emus, farm deer, or
3 4 poultry.
3 5 LSB 5538HH 81
3 6 da:nh/gg/14