K.S.A. » Chapter 47
Kansas Statutes Annotated

K.S.A. § 47-1828 (2026)

Recovery of damages

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47-1828. Recovery of damages. (a) Any person who has been damaged by reason of a violation of K.S.A. 47-1827, and amendments thereto, may bring an action in the district court against the person causing the damage to recover:

(1) An amount equal to three times all actual and consequential damages. Actual and consequential damages shall include the damages involving production, research, testing, replacement and crop or animal development costs directly related to the field crop or animal that has been damaged or destroyed; and

(2) court costs and reasonable attorney fees.

(b) Nothing in this act shall be construed to affect any other rights of a person who has been damaged by reason of a violation of this act. Subsection (a) shall not be construed to limit the exercise of any such rights arising out of or relating to a violation of K.S.A. 47-1827, and amendments thereto.

History: L. 1990, ch. 192, § 4; L. 2001, ch. 90, § 4; July 1.

Notes of Decisions
Cited in 3 cases, 2020–2020 · leading case: Animal Legal Def. Fund v. Kelly, 434 F. Supp. 3d 974 (D. Kan. 2020).
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Animal Legal Def. Fund v. Kelly, 434 F. Supp. 3d 974 (D. Kan. 2020). · cites it 23× “) -2- addition, K.S.A. § 47-1828 provides a private right of action for “[a]ny person who has been damaged by reason of a violation of K.”
Animal Legal Def. Fund v. Kelly, No. 2:18-cv-02657 (D. Kan. Apr. 3, 2020). · cites it 2× “§ 47-1827(a) and K.S.A. § 47-1828, and that plaintiffs were entitled to summary judgment on the issue of standing as to K.”
Animal Legal Def. Fund v. Kelly, No. 2:18-cv-02657, 2020 WL 4000905 (D. Kan. July 15, 2020). · cites it 2× “§ 47-1827(a) and K.S.A. § 47-1828, but had standing to challenge K.”
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