INFO FOR BOOK: TEACHING GROUND
MANNERS & HOW TO PULL BACK THE REINS ON CITY COUNCILS . WHEN THEY TRY
TO IMPOSE NEW ORDINANCES OR AMENDMENTS ON AGRICULTURE ACTIVITIES
..
Introduction this information was gathered by Sam & Connie Davidson in 2008 though
2009 after we received a letter from the police chief in our city that a new ordinance had
been passed and we were to come into compliance with the new ordinance , although
they seemed not to be sure weather it was a new ordinance or an amendment to an
existing ordinance .We will explain that in the state of Kansas it doesn't matter and the
city animal control in this state only goes as far a dog catcher . We would like to thank all
that gave hope . And even with a attorney we still had to gather the info on our own. An
will be addressing the facts and should be used by cities for addressing these issues
.
When we are faced with
these problems we must realize we are on protected if we know the law and just because
a letter is sent to us , doesn't mean that its law . The persons who are trying to enforce
these laws are employees of the tax payers of the area . A recall is a way to remove
these persons if need be
.
Chapter 1 FEDERAL , STATE , County & city law that
exempt agriculture property from local control . In most
states
Search State Statutes Under county & city zoning articles to find out what the law is
and the meanings of the wording in these articles . You may wish to have a lawyer look
over your information you have located if you feel unsure but you can find definitions of
legal wording on the Internet which will save you hundreds or even thousands of dollars
because it is law and the wording is law and is as plan as it is printed
. In Kansas you can find these statutes under http://www.
kslegislature.org/legsrv-statutes/index.
do
You will find agriculture statutes in chapter 2 agriculture . Protection of farm land
and agriculture activities in article 32 . Statutes for cities and municipalities are found in
chapter 12 in article 7 zoning and planning . Statutes for Counties and county officers in
chapter 19 zoning and planning in article 29
.
There are laws
on the FEDERAL , STATE , County & city level will be interwoven in other areas that will
help in your
case.
On the State ,
County & city levels what we are looking for are statutes that exempt local control of
agriculture property and activities . UNDERSTAND THE MEANING OF THE WORDING
AND LOOK FOR THOSE FARM PROTECTION ACTS THAT ARE INTERWOVEN IN
OTHER ZONING STATUTES . Right to farm
laws . http://asci.uvm.edu/equine/law/nuisance/nuisance.
htm
this site was helpful with proving I was on the right road in my search
. Example
: KANSAS STATUTES
CHAPTER 2. AGRICULTURE
ARTICLE 32. PROTECTION OF FARMLAND AND AGRICULTURAL ACTIVITIES
2-3201. Protection of farmland and agricultural activities; purpose.
It is the declared policy of this state to conserve and protect and encourage the
development and improvement of farmland for the production of food and other
agricultural products. The legislature finds that agricultural activities conducted on
farmland in areas in which nonagricultural uses have moved into agricultural areas are
often subjected to nuisance lawsuits, and that such suits encourage and even force the
premature removal of the lands from agricultural uses. It is therefore the purpose of this
act to provide agricultural activities conducted on farmland protection from nuisance
lawsuits.
Conserve : to keep in a safe or sound state . Protect: to cover or shield from exposure,
injury, damage, or destruction . Encourage: to inspire with
courage, spirit, or hope .
Right to farm laws . http://asci.uvm.edu/equine/law/nuisance/nuisance.htm this site was
helpful with proving I was on the right road in my search
. Every state has a law designed to protect
agricultural operations (farms, ranches, forests) from the encroachments of urban
development. While there can be some dispute as to what activity qualifies as agricultural,
certainly most commercial horse operations would qualify. Most of these statutes were
enacted in the early 1980s. Many are called "Right to Farm" acts. Most of these laws
provide that if the agricultural operation was in existence for a specified period of time
prior to the conflicting urban use, and so long as the agricultural use has not materially
changed and the agricultural operation is not conducted in a substandard fashion, it is
protected from nuisance lawsuits. The qualifying period varies from state to state but is
usually at least one year of prior agricultural use.
There are two types of nuisance lawsuits: those brought by a private landowner against a
neighbor and those brought by a public entity, such as a city, township or county, against
a nuisance, declared by law to be a "public nuisance" that offends a locality. Both types
are prohibited by agricultural protection acts.
Sometimes, a nuisance lawsuit seeks to recover money to compensate for past intrusions
and sometimes the person or governmental entity bringing the lawsuit is seeking a court
order (called an injunction or abatement order) to shut down the offending land use.
Agricultural protection acts deal with both of these kinds of nuisance lawsuits.
In addition to nuisance lawsuits, local governmental units, such as cities and counties,
sometimes attempt to impose zoning or other land use restrictions on neighboring
agricultural operations. If permitted, these can effectively shut down a horse farm by
zoning it into non-compliance with local laws or by making continuing operation
uneconomical. Most agricultural protection acts also speak to this circumstance and
prohibit local governments from adversely zoning agricultural operations that satisfy the
requirements of the statute. In those states in which an agricultural protection act does
not cover this situation, the doctrine of nonconforming use in zoning law does; so long as
the land use was lawful when initiated and has not substantially changed, it is protected
from subsequent inconsistent zoning ordinances.
Many Right to Farm statutes specifically do not provide protection for agricultural activities
that cause water pollution. Such polluting farm activities are fully subject to nuisance
lawsuits without the benefits of defenses provided by agricultural protection acts. They
are also regulated by the federal Clean Water Act.
In addition to Right to Farm statutes enacted in the early 1980s, more recently some
states have enacted statutes authorizing the creation of conservation easements. Under
such programs, the government purchases the right to urban development of agricultural
land in order to keep the character of the land rural. As part of that pact, agricultural
activities are protected from public or private nuisance lawsuits. While we have not
attempted systematically to collect all of these statutes, sometimes they are interwoven
with Right to Farm statutes. When that happens, we have included such statutes here for
the sake of completeness.
The statutes and other documents in this area are reviewed each two years and changed
as needed. Therefore, you should not rely upon them being current without assuring
yourself they have not been amended or repealed after they were posted on this site.
You should not rely on these documents in planning your equine business or other
activities, but should consult an attorney knowledgeable in equine law in your state.
Kansas Agricultural Protection Act example of agriculture activity protection interwoven in
other statutes KANSAS Amended exempted local control for counties in 1984 and
cities in 1991 , Kansas is one of a score of states where portions of its planning and
zoning laws were amended for counties in 1984 and cities in 1991 ,Counties and Cities
have general zoning authority for the protection of the public health, safety and welfare. K.
S.A. 12-741. However, this authority does not apply to the use of land for agricultural
purposes. K.S.A. 12-758; 19-2908; 19-2921; Van Gundy v. Lyon County Zoning Board,
237 Kan. 177 (1985). The purpose of the restriction on county zoning authority is to favor
agricultural uses and farmers by attempting to "spare the family farmer from government
regulation and not to discourage the development of the state's farm industry." Blauvelt v.
Board s th County Commissioners, 227 Kan. 110 (1980), Van Gundy, supra.
RIGHT TO FARM
INFORMATION PROTECTION OF AGRICULTURAL
OPERATIONS...
KANSAS LEGISLATIVE PREEMPTION OF LOCAL ZONING AND
THE NEW RIGHT TO FARM ACTS .
First on what
immunities are afforded agricultural or farming operations by state statute, normally
included in the zoning enabling statute, and then on what type of zoning district
encompasses the particular tract of land upon which the new activity is to be undertaken,
always with the view that “zoning ordinances are in derogation of the right of private
property and should be liberally construed in the property owner's favor.” Courts have
looked to both the language of the state statute and its terms and itemized exempt uses
and then to the language of the zoning ordinance to determine the legislative bodies’
intent. However, in the case of ambiguity, the courts likewise follow their previous
mandates to construe zoning ordinance ambiguity in favor of the landowner. Courts will
not substitute their judgment for that of the local zoning board and thus rewrite the
ordinance to include a questionable use and will limit their review of the zoning board
decision to determine whether it was either an abuse of discretion or an error of
law.
RIGHT TO FARM INFORMATION PROTECTION OF
AGRICULTURAL OPERATIONS FROM NUISANCE ...
****************************************************Right to farm
act
The State of Kansas provides an example of a
general treatment of the term “agricultural use” in its preemption statute: Except for flood
plain regulations in areas designated as a flood plain, regulations adopted pursuant to
this act shall not apply to the use of land for agricultural purposes, nor for the erection or
maintenance of buildings thereon for such purposes so long as such land and buildings
erected thereon are used for agricultural purposes and not otherwise. The Supreme
Court of Kansas in Vagundy v. Lyon County Zoning Board summarized how cases from
various jurisdictions have followed the “agriculture” and “farm” distinction line of
reasoning have done so: They first looked at the statute and, depending on . . . wheather
the term "agriculture" or "farming" was used, they attempted to see whether the proposed
activity fell within the statutory definitions. If construction of a building or such was
involved, they attempted to determine whether the purpose to which the building would be
put fell within the definition of the activity allowed. The Kansas preemption statute was
recently tested in Miami County v. Svoboda. The Kansas Supreme Court interpreted
“agricultural use” under the statute to allow a turf farmer to continue operation of a
landing strip in support of his operation, stating that “[t]he restriction placed upon cities
and counties with regard to agricultural uses of rural residential property in Kansas was
intended by the legislature to spare the farmer from governmental regulations.”
KANSAS LAW : In the event that a zoning change occurs in any land area where such
land was not previously covered by any restrictions of any governmental agency of this
state or its political subdivisions, or where such land area is covered by zoning restraints
of a governmental agency of this state or its political subdivisions, and such zoning
restrictions differ from zoning restrictions imposed after the restriction change, then any
industrial, commercial or business establishment in operation, permitted to operate under
zoning regulations or exceptions thereto prior to the zoning change shall be allowed to
continue in operation and be permitted; provided that no change in the use of the land is
undertaken by such industry or business. DECEMBER 2007
www.regulations.gov/
University of Nebraska College of Law
“ CSREES/USDA DECEMBER 2007 AGRICULTURAL LAW UPDATE 1
The Law also gives the State Department of Agriculture and Markets the power to review
local laws and determine if they “unreasonably restrict or regulate farm operations within
agricultural districts” .( note : this little statement sure gave me a smile . ) contact us for
more assistance if needed ............