SF0134 • 2023

Right to farm-real estate disclosures.

AN ACT relating to property and agriculture; requiring information concerning adjacent farm and ranch operations in property disclosure statements to prospective buyers as specified; making conforming amendments; providing definitions; specifying applicability; and providing for an effective date.

Agriculture

Inactive

Wyoming marks this bill as inactive, which usually means it is no longer moving in the current session.

Sponsor: Senator Bouchard
Last action: 2023-02-24
Official status: inactive
Effective date: 3/1/2023

Plain English Breakdown

The candidate explanation included a claim that the bill protects sellers from legal issues, which is not supported by the official source material.

Right to Farm Real Estate Disclosures

The bill requires real estate sellers in Wyoming to inform potential buyers about nearby farm and ranch operations within one mile of the property.

What This Bill Does

Requires real estate sellers to include information about adjacent farms or ranches in their property disclosure statements.
Specifies that this notice must be included for properties located near agricultural activities, defined as being within a one-mile radius.
Provides a standard statement that buyers must acknowledge regarding the potential inconveniences of living near farm and ranch operations.

Who It Names or Affects

Real estate sellers in Wyoming who are selling land or subdivided property.
Potential homebuyers looking at properties within one mile of farms or ranches.

Terms To Know

Vacant Land: Land that has no habitable dwelling, is not part of a platted subdivision or city/town boundary, and is less than 140 acres in size.
Farm and Ranch Operations: Activities related to agriculture as defined by Wyoming statutes.

Limits and Unknowns

The bill does not specify penalties for sellers who do not provide the required information.
It is unclear how this will affect existing real estate transactions before the effective date of July 1, 2023.
The bill was marked as inactive and did not pass in its current session.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SF0134S2001

2nd reading • Senator Jones

Adopted

Plain English: The amendment changes how information about nearby farm and ranch operations is disclosed to potential buyers of real estate.

Replaces 'consist of' with 'state' in the bill text.
Removes lines 12 through 23 from page 3 entirely.
Adds new language on page 4, informing buyers that their property is within one mile of farm and ranch lands, detailing Wyoming's right to farm laws, and explaining that customary agricultural practices are protected by state statutes.

The removed text from lines 12 through 23 cannot be explained as it was deleted entirely without replacement content.
The exact impact of the new disclosure on potential buyers is not specified in the amendment text.

SF0134S3001

3rd reading • Senator Bouchard

Corrected, Withdrawn

Plain English: The amendment adds a statement to property disclosure notices that informs residents within one mile of farm or ranch land about potential inconveniences from agricultural activities.

Adds language to property disclosure statements warning buyers about possible nuisances near farms and ranches, such as noise, odors, dust, machinery use at any time, chemical applications, and more.

The exact impact of this amendment on real estate transactions is unclear without further context or implementation details.

SF0134S3002

3rd reading • Senator Bouchard

Adopted

Plain English: The amendment adds a new section to property disclosure statements that informs potential buyers about possible inconveniences related to nearby agricultural activities.

Adds language to property disclosure forms to warn buyers about potential issues like noise, odors, and the use of machinery due to nearby farms or ranches.

The exact details on how this new information will be implemented in practice are not provided by the amendment text.

SF0134SS001

Standing Committee • Senate Agriculture, State and Public Lands & Water

Ruled Out of Order

Plain English: The amendment changes how property disclosure statements must inform potential buyers about nearby farm and ranch operations in Wyoming.

Replaces the phrase 'consist of' with 'state' to clarify what information should be included about adjacent agricultural operations.
Removes lines that were previously detailing specific requirements for disclosing information about farming activities.
Adds a new acknowledgment section where buyers must recognize Wyoming's right-to-farm statutes, which favor and protect agricultural land uses.

The removed text does not provide details on what was being deleted, making it hard to know exactly what requirements were eliminated.

Bill History

2023-02-24 House
H:Died in Committee Returned Bill Pursuant to HR 5-4
2023-02-24 House
H No report prior to CoW Cutoff
2023-02-14 House
H Introduced and Referred to H07 - Corporations
2023-01-30 House
H Received for Introduction
2023-01-30 Senate
S 3rd Reading:Passed 20-10-1-0-0
2023-01-27 Senate
S 3rd Reading:Laid Back
2023-01-26 Senate
S 2nd Reading:Passed
2023-01-25 Senate
S COW:Passed
2023-01-25 Senate
S Placed on General File
2023-01-25 Senate
S05 - Agriculture:Recommend Amend and Do Pass 4-1-0-0-0
2023-01-20 Senate
S Introduced and Referred to S05 - Agriculture
2023-01-18 Senate
S Received for Introduction
2023-01-17 LSO
Bill Number Assigned

Current Bill Text

Read the full stored bill text

23LSO-0634
2023
STATE OF WYOMING
23LSO-0634
ENGROSSED
3.0

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

AN ACT relating to property and agriculture; requiring information concerning adjacent farm and ranch operations in property disclosure statements to prospective buyers as specified; making conforming amendments; providing definitions; specifying applicability; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 11
‑
44
‑
103 by creating a new subsection (b) and 34
‑
1
‑
151(d) and by creating a new subsection (f) are amended to read:

11
‑
44
‑
103.

Farm or ranch operations not considered a nuisance; conditions.

(b)

Notice of subsection (a) of this section shall be provided in a property disclosure statement as required by W.S. 34
‑
1
‑
151.

34
‑
1
‑
151.

Property disclosure statement.

(d)

For purposes of this section
:
,

(i)

"Farm and ranch operations" means as defined by W.S. 11
‑
44
‑
104(c);

(ii)

"V
acant land" means land:

(i)
(A)

With no habitable dwelling;

(ii)
(B)

Not within the boundaries of a platted subdivision, or city or town; and

(iii)
(C)

Less than one hundred forty (140) acres.

(f)

Every seller of vacant land or subdivided land shall provide to any prospective buyer in writing a property disclosure statement that provides notice of farm and ranch operations that are occurring within one (1) mile of the land to be sold. No transfer subject to this subsection shall be invalidated solely because of the failure to comply with this subsection.

The notice shall, at a minimum, state the following:

NOTICE OF RIGHT TO FARM
This property is located within one (1) mile of farm and ranch lands as defined in Wyoming statute. Wyoming is a right to farm state as detailed in W.S. 11-44-103 and 11-44-104, which state a preference for and protect customary agricultural practices and farm and ranch operations. Neighboring agricultural practices may interfere with perceived quiet enjoyment of your property but is protected in the Wyoming statutes referenced in this notice. Accordingly, this property may be subject to the inconveniences or discomforts associated with agricultural operations, including but not limited to noise, odors, flies, dust, machinery operation of any kind during any twenty-four (24) hour period, including aircraft, the presence of animal waste and the application of fertilizers, herbicides and pesticides.

Section 2
.

This act is effective July 1, 2023
.

(END)

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SF0134