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NEBRASKA STATUTES
CHAPTER 2. AGRICULTURE
ARTICLE 44. NEBRASKA RIGHT TO FARM ACT
§ 2-4401. Act, how cited.
Sections 2-4401 to 2-4404 shall be known and may be cited as the Nebraska Right to Farm Act.
§ 2-4402. Terms, defined.
As used in the Nebraska Right to Farm Act, unless the context otherwise requires:
(1) Farm or farm operation means any tract of land over ten acres in area used for or
devoted to the commercial production of farm products;
(2) Farm product means those plants and animals useful to man and includes, but is not
limited to, forages and sod crops, grains and feed crops, dairy and dairy products,
poultry and poultry products, livestock, including breeding and grazing, fruits,
vegetables, flowers, seeds, grasses, trees, fish, apiaries, equine and other similar
products, or any other product which incorporates the use of food, feed, fiber, or fur;
and
(3) Public grain warehouse or public grain warehouse operation means any grain elevator
building or receptacle in which grain is held for longer than ten days and includes, but
is not limited to, all buildings, elevators, and warehouses consisting of one or more
warehouse sections within the confines of a city, township, county, or state that are
considered a single delivery point with the capability to receive, load out, weigh, and
store grain.
§ 2-4403. Farm; farm operation; public grain warehouse; public grain warehouse
operation; not a nuisance; when.
A farm or farm operation or a public grain warehouse or public grain warehouse operation
shall not be found to be a public or private nuisance if the farm or farm operation or
public grain warehouse or public grain warehouse operation existed before a change in the
land use or occupancy of land in and about the locality of such farm or farm operation or
public grain warehouse or public grain warehouse operation and before such change in land
use or occupancy of land the farm or farm operation or public grain warehouse or public
grain warehouse operation would not have been a nuisance.A farm or farm operation shall
not be found to be a public or private nuisance if the farm or farm operation existed
before a change in the land use or occupancy of land in and about the locality of such
farm or farm operation and before such change in land use or occupancy of land the farm or
farm operation would not have been a nuisance.
§ 2-4404. Applicability of other statutes.
Sections 2-4401 to 2-4404 shall not affect the application of state and federal statutes.
Enacted in 1982, amended in 1998.
Reviewed by AAHS in June 2001.
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