LD 1646
pg. 4
Page 3 of 5 An Act Regarding Buildings on Leased Lots Page 5 of 5
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LR 2269
Item 1

 
All boundary disputes must be resolved in binding arbitration
between the lessor, the lessee and any other parties in interest by
an arbitrator approved by a national arbitration association.__The
fee for this arbitration must be shared equally between the lessor,
lessee and any other parties in interest.__The arbitrator must be
assigned by a national arbitration association.

 
The courts of this State have no jurisdiction over this
section, and there is no right of appeal.

 
§6050-F.__Minimum lot size

 
The minimum lot size for leased premises must be determined as
follows.__The description of the current lease of the leased
premises must be examined.__If the description describes leased
premises that are less than 20,000 square feet and the current
lessee held the lease prior to the effective date of Title 12,
section 4807-A, then the lessee is exempt from the requirements
of section 4807-A.__If there is no description, the boundaries
are those occupied by the lessee.

 
Sec. 7. Application. Except as otherwise provided, this Act applies
to agreements entered into or renewed on or after October 1,
2005.

 
SUMMARY

 
This bill changes the laws governing buildings on leased land
in the following ways.

 
1. It provides that these laws apply to land in an organized
area as well as to land in the unorganized territory.

 
2. It provides that a lessor may not terminate a lease
without just cause and that a lessor shall reimburse a lessee for
the fair market value of all improvements on the leased real
estate if the lessor terminates the lease.

 
3. It provides a lessee with a right of first refusal for the
fair market value of the leased land with regard to the leased
premises if the lessor intends to sell any real estate in this
State. If a lessee does not elect to purchase the leased
premises, the lease continues with the same terms, except for
annual rental fees, for no less than 50 years. The annual rental
fee is capped at 5% of the fair market value of the leased
premises, excluding improvements.


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