Nebraska state Senator Dan Hughes of Venango has introduced LB227 to boost private property rights protection for Nebraska farmers and ranchers so they can continue to have the flexibility to adopt new technologies and modify and improve their farm and ranch operations. The bill would help prevent nuisance lawsuits like those brought against pork producers in North Carolina which have gained national attention.
LB227 as introduced would not allow a nuisance lawsuit if the farm has been in operation for over one year and was not a nuisance at the time it began operations. The bill would also prevent the nuisance claim if the farm changes type, ownership, size, adoption of technology, or participation (if any) in any government program. Finally, LB227 precludes a nuisance lawsuit if the farming operation has initiated reasonable techniques designed to keep dust, noise, insects, and odors at a minimum, and if the farm is in compliance with applicable laws and regulations, including any zoning of a local government body.
LB227 was referred to the Agriculture Committee. You can read the bill here…. https://nebraskalegislature.gov/FloorDocs/106/PDF/Intro/LB227.pdf.