Evicting a Farmer with Crops In the Ground?

[fantasymaker]

Whats the rules in your state?
Here in IL I think you have to tell a farmer by November that he wont be getting the ground next year. I think there's also something about not being able to evict a framer with a growing crop...but I'm not sure on that.
is hay and wheat different?
What are the rules where you are?

[FarmboyBill]

Up home, Iffn I remember right, It was EARLY spring when the renter came down seeing if he could rent dads ground. Theyed dicker. If they couldnt agree, than that was that. Dad waited for somebody else to want it, which somebody always did.

Never heard of evicting a farmer mid year. Since I never heard of it, I cant see how it could be done.

Omce dad rented to a guy who had his place and the place S of him. The field of the other place that joined dads, was cut off on the other side by a pretty big creek for the modern impliments they have nowadays. Dad let him cut across his place to get to the field on the other place. A couple years later, another guy rented the other place, but the same guy rented dads. Dad let him go across as he asked if he could. My brother suggested he better see a lawyer about it which he did, and the lawyer said that if dad kept letting people go across his place to get to the field on the other place, they could, in so many years claim a road to the field which dad would have to provide. Dad told the guy when he came across to combine that field, that he couldnt let him go across any more, and that he had better take that into consideration before renting it next year. Dad wanted to buy the field, but the owner never sold.

[trbizwiz]

Hopefully this isnt happening to you?

[rambler]

When a case gets in front of a judge, then all bets are off, depends who has the best lawyer.......

In general, most farm states have a provision where a farmer can't be thrown off the land if nothing is said before about harvest time - September or so in corn/soybean areas, and late spring time in winter wheat areas.

This assumes an unwritten, year to year lease.

If you have a written lease, then the rules in he writing is followed.

I don't know that you can throw a producer off the land he is leasing with unharvested crops - you can buy out the lease, if you offer him enough to give it up.

These days a farmer sets up fertilizer, pesticide, seed purchases, and grain selling contracts 3 to 12 months before actually planting the crop, so it would not be good to have land 'pulled out from under' a farmer.

As well, there are issues with fall tillage, fall fertilizer spreading, and so forth.

There are ways to make a written contract that allows different termination dates, and so forth. But if you just do the verbal, or generic year to year lease, then it's in everyone's best intrest that the lease needs to be torn up in plenty of time....

--->Paul

[ksfarmer]

Kansas law says that if it is a verbal agreement, then, the renter must be notified in writing at least 30 days prior to March 1st, if the agreement is to be terminated. Any growing crops (wheat) are to be harvested by the renter in a normal harvest time.. I know this because of experience in the situation. A renter can agree to have his growing crop (wheat) bought out by the landlord or new renter, but, this is his option.
edit: and yes as rambler says, the renter is to be compensated for any input costs such as tillage, pesticides, fertilizers, etc.

[wwubben]

A renter must be notified by september that he can't farm the place next year.He has the farm for the next year if he is not notified.This is in Iowa.

[taylorlambert]

I have a freind that hust went through this. He had a verbal agreement with his neighbor a long time farmer. He had been renting the land for the last 9 years and everything was done in Cash. The old man passed away and his rotten son came in and bush hogged all the this years wheat. Sayig the contract died with his father. THis guy is a bum. My friend took him to court and took his papers with all the fuel recipts from tillage, fertilizing and lime planting costs and a good estimate on the crop value on the 35 acres and won. He now owns the land.

[oregon woodsmok]

It varies by state, but rule of thumb:

First of all, whatever the lease says.

Lacking a lease, you have to give enough notice that the renter doesn't invest time and money into a crop. Once the crop is in, the renter must be given enough time to harvest the crop.

However, crop or not, the tenant can be evicted at any time for non-payment of rent or serious lease violations. If you stop paying rent, the judge is going to kick you out. Having corn in the ground won't protect you if you are running a meth lab in violation of your lease agreement.

[Shrek]

I wouldn't know as we have always rented out my family's unused field space with written lease for a cut of the yield as payment so tenency until after harvest is always guaranteed.

[Ross]

All contracts are void if they include criminal activity. A farmer can't be evicted from the land while he/she has a crop to harvest, in general terms anyhow. Certainly a written contract will have terms that would need to be followed by both sides but I wouldn't assume a failure on anyone's side would allow the crop to be sold to a third party or destroyed unless specifically written so.

[Sawmill Jim]

In Tn. you can't have a lease contrary to the law . A farmer must have a registered letter prior to July one of the up coming year ,so to late now for next year

[stanb999]

Here even if you sell the land to a different farmer. It is assumed you have the right to come back and harvest. It would have to be spelled out separately if the arrangement was to be different.