LINCOLN- The Nebraska "right to farm" law has a proposed revision in the Nerbaska legislature. Under LB662, introduced by State Sen. Beau Ballard of Lincoln, only landowners who live within a half-mile of agricultural operation, and only those nearby landowners who have a majority interest in their land, could file nuisance lawsuits against an ag operation.

In addition, such lawsuits would have to be filed within one year, rather than within two years as in the current law. Lawsuits would be disallowed if an operation was utilizing “commonly accepted” practices and was in “material compliance” with applicable laws and regulations. This comes as protections for farmers are being condemned by environmentalists.

The proposal “eviscerates having nuisance laws,” according to Jonathan Leo, an environmental lawyer who lives in Omaha. “The bill effectively shuts down almost all public and private nuisance lawsuits against ‘agricultural operations,’ ” Leo said. Ballard said the bill was inspired by concerns raised by large-scale chicken farms in his district.

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