Right-to-farm protections expanded

Legal protections for agricultural producers under Nebraska’s 1982 Right to Farm Act were expanded by a bill passed May 2.

Under the act, a farm or public grain warehouse—a grain elevator or receptacle in which grain is held for longer than 10 days—cannot be found to be a public or private nuisance if it existed before a change in the land use or occupancy of land in its locality and would not have been considered a nuisance before the change.

Under LB227, introduced by Sen. Dan Hughes of Venango, no suit for public or private nuisance may be maintained against a farm or public grain warehouse more than two years after the condition that is the subject matter of the suit reaches a level of offense sufficient to sustain a nuisance claim.

The limitation does not apply to any action brought to determine compliance with or to enforce a previous court order related to the same nuisance claim or to any claims for additional damages or relief available when an operation fails to remediate a nuisance pursuant to the court order.

Senators voted 46-2 to pass LB227.