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.
History: L. 1982, ch. 3,
§ 1; July 1.
Chapter 2.--AGRICULTURE
Article 32.--PROTECTION
OF FARMLAND AND AGRICULTURAL ACTIVITIES
2-3202. Certain
agricultural activities not a nuisance. Agricultural activities conducted
on farmland, if consistent with good agricultural practices and established
prior to surrounding 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.
If such agricultural activity is undertaken in conformity with
federal, state, and local laws and regulations, it is presumed to be good
agricultural practice and not adversely affecting the public health and safety.
History: L. 1982, ch. 3,
§ 2; July 1.
Chapter 2.--AGRICULTURE
Article 32.--PROTECTION
OF FARMLAND AND AGRICULTURAL ACTIVITIES
2-3203. Definitions.
As used in this act:
(a) "Agricultural activity" means the growing or
raising of horticultural and agricultural crops, hay, poultry and livestock,
and livestock, poultry and dairy products for commercial purposes.
(b) "Farmland" means land devoted primarily to
an agricultural activity.
(c) "Person" means any individual, partnership,
profit or nonprofit corporation, trust, organization or any other business
entity, but does not include any governmental entity.
(d) "Agricultural chemical" means those
agricultural chemicals as defined in the agricultural chemical act set forth in
K.S.A. 2-2201 et seq., and amendments thereto.
History: L. 1982, ch. 3,
§ 3; L. 1988, ch. 11, § 2; July 1.
Chapter 2.--AGRICULTURE
Article 32.--PROTECTION
OF FARMLAND AND AGRICULTURAL ACTIVITIES
2-3204. Action for injunction
alleging misuse of chemicals; when attorney fees and expenses assessed.
In any case in which an action for injunction is brought alleging the prior
misuse of agricultural chemicals and the court finds that the defendant
properly used the agricultural chemicals according to state and federal law and
the label instructions and that the plaintiff sustained no damages from the use
of such agricultural chemicals, the court may assess against the plaintiff
reasonable attorney fees and expenses incurred by the defendant as a result of
such action. In addition, the court may assess against the plaintiff additional
losses and costs incurred by the defendant upon proof that such losses and
costs were the result of an injunction granted as part of such action. Any
assessment under this section shall be reduced (but not below zero) by an
amount equal to the amount of any bond forfeited to the defendant under article
9 of chapter 60 of the Kansas Statutes Annotated. An assessment under this
section shall be collected as costs in the action. This section shall be part
of and supplemental to the provisions of article 32 of chapter 2 of the Kansas
Statutes Annotated and acts amendatory of the provisions thereof or
supplemental thereto.
History: L. 1988, ch. 11,
§ 1; July 1.