(1) For
grazing leases and licenses, the grazing portion of leases and licenses
containing both agricultural and grazing land and agricultural leases not based
on a crop share, the department will send written notices to the address on the
lease or license beginning in January of each year stating the amount of rental
due. The notice shall also state that payment is due by March 1, and if not
paid by April 1, the lease or license is canceled. At least two weeks prior to
April 1 the department shall send by certified mail to each lessee or licensee
who has not made payment a letter notifying the lessee or licensee that the
lease or license is canceled if payment is not received or postmarked on or
before April 1. If payment is not received or postmarked by April 1, the entire
lease is canceled.
(2) For
agricultural leases and licenses, and for the agricultural portion of leases
and licenses containing both grazing and agricultural land, when the rental is
paid on a crop share basis or on a crop share/cash basis, whichever is greater,
the rental shall be due immediately after harvesting or before November 15 of
the year in which the crop is harvested. The department shall compile a list as
soon as possible after November 15 of those lessees or licensees with
agricultural land who have not paid the agricultural rentals. A notice shall be
sent to each lessee or licensee on the list by certified mail at least two
weeks prior to December 31 advising such lessee or licensee that the lease or
license is canceled if payment is not received or postmarked on or before
December 31. If payment is not received or postmarked by December 31, the
entire lease is canceled. All appropriate seeding and crop reports must be
submitted with the payment. Partial payments shall be accepted, however, such
payments will not prevent cancellation of the lease or license if full payment
as verified on the crop report is not received on the date required by law.
(3) For
cabinsite leases or licenses, the department will send written notices to the
address on the lease or license beginning in January of each year stating the
amount of rental due. The notice shall also state that the payment is due by
March 1 and if not paid by April 1, the lease or license is canceled. At least
two weeks prior to April 1, the department shall send by certified mail to each
lessee or licensee who has not made payment a letter notifying the lessee or
licensee that the lease or license is canceled if payment is not received or
postmarked on or before April 1. If payment is not received or postmarked by
April 1, the entire lease or license is canceled.
(4) When a lease or license takes effect after July 30 and before February 28 of the
next year, the lessee or licensee shall pay both the rental for 1/2 of the
yearly rental due and full yearly rental due for the next succeeding year
before the lease or license is executed.
(5) If there are special
circumstances, a lessee or licensee of agricultural land must write to the
department prior to November 1 if they wish an extension for rental payment
beyond the December 31 deadline. All extension requests must set forth the
reasons for the extension and verification of those reasons by the appropriate
sources. In all cases permission for an extension may only be given in writing
by the department and such extension may not extend beyond April 1 of the
following year.
(6) When the United States is
the lessee or licensee of any state land the rental shall not be due until the
expiration of each year of the lease or license.