KFB’s Legal Foundation recently intervened in a case involving a dispute over
a resolution passed by the Barton County commission last year. Members of the
Barton Co. FB wanted to ensure the county commission did not infringe on
agricultural pursuits that have been protected by state regulations.
At the heart of the dispute was the county commission intent to enforce rules
against agricultural land and buildings. The Barton County resolution stated
that if buildings were in poor condition, they wanted to be able to determine if
the structures should be modified or torn down.
KFB’s Legal Foundation asked the county commission to follow state law that
says all agricultural use should be exempt from zoning and regulations by local
government.
Kansas statutes governing zoning do not define what is meant by the term
"agricultural purposes," including raising hogs, livestock feedlots, growing
crops and providing food for wildlife.
"We asked them (Barton County Commission) to remove agriculture use from
their resolution," Mike Irvin, KFB Legal Foundation says. "We believe the
commission was in error by including agriculture in their resolution. We’re
awaiting their decision and are confident it will be favorable toward the ag
industry."