I Heard About A ?Right To Farm? Disclosure Requirement

Lyon County has taken positive steps to protect its agricultural roots and economic base while it experiences population growth making it the number one county in the U.S. percentage-wise with a Right to Farm ordinance. The ordinance states that “The right to farm all land is recognized to exist as a natural right and is ordained to exist as a permitted use everywhere in the County except where prohibited under this Title, subject only to State health and sanitary codes.” If further declares Lyon County’s policy to “?conserve and protect agricultural land, and associated agricultural irrigation water rights and to encourage sustainable agricultural operations within the County.”

The ordinance goes on to discuss development, nuisance complaints about agricultural operations, and much more over five pages. A major change in the ordinance came last November when it was enhanced by the County Commissioners.

The modified ordinance now calls for a disclosure notice prior to the transfer of real property. “Every Seller of any real property in Lyon County, either directly or through his/her authorized agent shall provide to any prospective buyer a written disclosure statement advising the buyer of the existence of a Right to Farm Ordinance ? shall contain or be accompanied by a copy of Lyon County Right to Farm Ordinance, Chapter 10.15?shall be substantially in the form promulgated by ?Board of Commissioners?shall include any agricultural setback requirements and water rights use restrictions applicable to the property.” (emphasis ours) It goes on to say that the buyer shall sign a copy and the seller, or his agent, shall retain a copy of the signed statement.

Clearly, everybody is affected. Whether buying a home in a subdivision in Dayton or Fernley, or five acres in Smith Valley, it is a requirement. Virtually every Lyon County real property conveyance must have this disclosure in file. We discussed this with a representative of the Lyon County D.A.’s office and were told that there is no defined enforcement policy, that it was the responsibility of the Seller and agents to properly administer it. We were told that enforcement would likely come in the event they didn’t do it correctly in the form of litigation from a disgruntled consumer.

Our Advice: If you own, or are contemplating buying, property in Lyon County you should read the ordinance: Right to Farm

If you are a real estate practitioner it is imperative that you get a proper Disclosure Notice so your customer is sufficiently protected, and you must maintain a copy of the signed document.

If you are moving to the country remember ? country things happen in the country. Embrace and enjoy them after all ? it’s why you are moving here. Let’s keep rural Nevada rural while it gets populated with rural-minded people. With this ordinance, we feel Lyon County is doing a good job of managing that transition. Yes, another disclosure ? indicative of these litigious times? but good for everyone involved.

Experience is Priceless! Lisa Wetzel and Jim Valentine, RE/MAX Realty Affiliates, visit us at www.carsonvalleyland.com or www.carsonvalleyremax.com, carsonvalleyland@hotmail.com .

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