Kansas Statewide Rule
Kansas Right to Farm Nuisance Protection Statute
Key Facts
- Statute
- K.S.A. 2-3201 through 2-3204
- Protection test
- Established before surrounding nonfarm uses
- Loses protection
- Negligence, illegality, or public-health harm
- Damages cap
- Property's fair market value reduction
Summary
Kansas protects established agricultural operations from nuisance lawsuits brought after non-farm uses move into the surrounding area.
(a) Agricultural activities conducted on farmland, if consistent with good agricultural practices and established prior to surrounding agricultural or nonagricultural activities, are presumed to be reasonable and do not constitute a nuisance, public or private, unless the activity has a substantial adverse effect on the public health and safety. (b) If such agricultural activity is undertaken in conformity with federal, state, and local laws and rules and regulations, it is presumed to be good agricultural practice and not adversely affecting the public health and safety.
Full Breakdown
Under K.S.A. 2-3201 through 2-3204, agricultural activities on farmland are presumed reasonable and not a nuisance if they were established before the surrounding agricultural or nonagricultural uses and follow good agricultural practices. Protection is lost if the operation is negligent, violates applicable law, or substantially harms public health and safety. A permanent-nuisance award is limited to the reduction in the property's fair market value.
Violations & Penalties
A nuisance suit against a qualifying operation may be dismissed, and any permanent-nuisance damages are capped at the reduction in the property's fair market value.
Frequently Asked Questions
What does the Kansas Right to Farm Act protect?
When does a farm lose Right to Farm protection?
Sources
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