2023 23LSO-0634
STATE OF WYOMING
SENATE FILE NO. SF0134
Right to farm-real estate disclosures.
Sponsored by: Senator(s) Bouchard, Boner, Driskill, French,
Ide, Laursen, D and Steinmetz and Representative(s) Allemand, Heiner,
Pendergraft, Trujillo and Winter
A BILL
for
1 AN ACT relating to property and agriculture; requiring
2 information concerning adjacent farm and ranch operations
3 in property disclosure statements to prospective buyers as
4 specified; making conforming amendments; providing
5 definitions; specifying applicability; and providing for an
6 effective date.
7
8 Be It Enacted by the Legislature of the State of Wyoming:
9
10 Section 1. W.S. 11-44-103 by creating a new
11 subsection (b) and 34-1-151(d) and by creating a new
12 subsection (f) are amended to read:
13
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1 11-44-103. Farm or ranch operations not considered a
2 nuisance; conditions.
3
4 (b) Notice of subsection (a) of this section shall be
5 provided in a property disclosure statement as required by
6 W.S. 34-1-151.
7
8 34-1-151. Property disclosure statement.
9
10 (d) For purposes of this section:,
11
12 (i) "Farm and ranch operations" means as defined
13 by W.S. 11-44-104(c);
14
15 (ii) "Vacant land" means land:
16
17 (i)(A) With no habitable dwelling;
18
19 (ii)(B) Not within the boundaries of a
20 platted subdivision, or city or town; and
21
22 (iii)(C) Less than one hundred forty (140)
23 acres.
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1
2 (f) Every seller of vacant land or subdivided land
3 shall provide to any prospective buyer in writing a
4 property disclosure statement that provides notice of farm
5 and ranch operations that are occurring within one (1) mile
6 of the land to be sold. No transfer subject to this
7 subsection shall be invalidated solely because of the
8 failure to comply with this subsection. The notice shall,
9 at a minimum, consist of the following:
10
11 NOTICE OF RIGHT TO FARM
12 This property is located within one (1) mile of
13 farm and ranch lands as defined in Wyoming
14 statute. Accordingly, the property may be subject
15 to inconveniences or discomforts resulting from
16 agricultural operations that are a normal and
17 necessary aspect of living in a community with a
18 strong rural character and a healthy agricultural
19 sector. Customary agricultural practices in farm
20 and ranch operations may include, but are not
21 limited to, noise, odors, dust, light, insects,
22 the operation of pumps and machinery, the storage
23 and disposal of manure, bee pollination and the
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1 ground or aerial application of fertilizers,
2 pesticides and herbicides. These agricultural
3 practices may occur at any time during the
4 twenty-four (24) hour day. Individual
5 sensitivities to those practices can vary from
6 person to person. You may wish to consider the
7 impacts of these agricultural practices before
8 you complete your purchase. Please be advised
9 that you may be barred from obtaining legal
10 remedies against farm and ranch operations
11 conducted in a manner consistent with proper and
12 accepted customs and standards pursuant to the
13 Wyoming Right to Farm and Ranch Act, Wyoming
14 Statute 11-44-101 through 11-44-104.
15
16 Section 2. This act is effective July 1, 2023.
17
18 (END)
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Statutes affected:
Introduced: 11-44-103, 34-1-151