Nebraska Revised Statutes

Neb. Rev. Stat. § 2-4403 (2026)

Farm; farm operation; public grain warehouse; public grain warehouse operation; not a nuisance; when; suit; limitation

✓ current as of July 2026

Find cases: SyfertCases citing this section NE-LEGnebraskalegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

(1) 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.

(2) No suit shall be maintained against a farm or farm operation or public grain warehouse or public grain warehouse operation for public or private nuisance more than two years after the condition which is the subject matter of the suit reaches a level of offense sufficient to sustain a claim of nuisance.

(3) The limitation provided for in this section shall not apply to any action brought to determine compliance with or to enforce a previous order of a court related to the same claim of nuisance or to any claims for additional damages or equitable relief available when a farm or farm operation or public grain warehouse or public grain warehouse operation fails to remediate a nuisance pursuant to such court order.

Notes of Decisions

Cited in 4 cases, 1985–2018 · leading case: Soukop v. ConAgra, Inc., 653 N.W.2d 655 (Neb. 2002).

Sort: Relevance Newest Treatment

Soukop v. ConAgra, Inc., 653 N.W.2d 655 (Neb. 2002). · cites it 17× “NATURE OF CASE In 1998, Neb. Rev. Stat. § 2-4403 (Reissue 1997) was amended to provide to a “public grain warehouse or public grain warehouse operation” the same protection from public or private nuisance lawsuits already afforded to a “farm or farm operation.”

Morgan HONOMICHL, Robin Honomichl, Timothy Honomichl, Deb Chance, Kara Chance, Karen Jo Frescoln, Mike Merrill, & Q.H., Appellee, v. VALLEY VIEW SWINE, LLC & JBS Live Pork, LLC, Appellants., 914 N.W.2d 223 (Iowa 2018). “); Neb. Rev. Stat. Ann. § 2-4403 (West, Westlaw through 2d Reg.”

Flansburgh v. Coffey, 370 N.W.2d 127 (Neb. 1985). · cites it 3× “Section 2-4403 provides: 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…”

Cline v. Franklin Pork, Inc., 361 N.W.2d 566 (Neb. 1985). “Defendants rely on § 2-4403 of the act, which provides: 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…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.