grain storage too close to my home

What is the name of your state (only U.S. law)? Kansas A grain handling facility is threatening to store grain on the ground within a 100 feet of my home. I have a family member that spent three weeks in the hospital last year due to the grain mold and dust. Are there any regulations or laws that would protect us from this? The property they intend to store this on is rightfully theirs. The grain (milo) is piled on the ground and is left there for months before picking it up. Would appreciate any advice you have.

I do not believe they can do so legally. I would contact the USDA or KSDA to see if there is an exception I am missing.

http://www.ksda.gov/includes/statute_regulations/mainportal/GRAINLAW.pdf

OHRoadwarrior said:

I do not believe they can do so legally. I would contact the USDA or KSDA to see if there is an exception I am missing.

http://www.ksda.gov/includes/statute_regulations/mainportal/GRAINLAW.pdf

Click to expand...

The exception would likely be that the statute applies to public warehouses - grain elevators that are for the storing of grain owned by multiple people/corporations.

THIS sounds like private storage on the owner's property.

I also doubt that mold from the grain caused the OP's relative's/housemate's issues. Milo is harvested when dry. Piled in the open, in Kansas, in the fall/winter, it's not likely to get wet enough to mold. And it's not a dusty grain either. There's very little 'chaff'.

I'd be interested in the medical diagnosis that blamed the person's health issues on 'grain mold' from the open storage of milo.

From what I saw in the regs, all grain had to be stored in an elevator or in a bin. That is why I suggested OP contact the AG depts.

(I usually give brief answers and only expound when requested)

OHRoadwarrior said:

From what I saw in the regs, all grain had to be stored in an elevator or in a bin. That is why I suggested OP contact the AG depts.

(I usually give brief answers and only expound when requested)

Click to expand...

The statute that you posted applies to public warehouses, not private persons.

There might be (I doubt there is, but there might be) a similar listing of regulations for private storage of grain, but I sincerely doubt it.

The cause of action here would be nuisance. Because you are trying to prevent the nuisance coming to you, you don't really have facts to explain why you fear THIS use of the property. You need a property law attorney to have a chance.