47-9A-1. Agriculture prohibited as corporate or limited liability company purpose.
The Legislature of the State of South Dakota recognizes the importance of the family farm to the economic and moral stability of the state, and the Legislature recognizes that the existence of the family farm is threatened by conglomerates in farming. Therefore, it is hereby declared to be the public policy of this state, and shall be the provision of this chapter, that, notwithstanding the provisions of §47-1A-301, no foreign or domestic corporation, except as provided herein, shall be formed or licensed under the South Dakota Business Corporation Act for the purpose of owning, leasing, holding or otherwise controlling agricultural land to be used in the business of agriculture.
It is further declared that no foreign or domestic limited liability company, except as provided herein, shall be formed or licensed under the South Dakota Limited Liability Company Act for the purpose of owning, leasing, holding or otherwise controlling agricultural land to be used in the business of agriculture.
Source: SL 1974, ch 294, §2; SL 1991, ch 377, §1; SL 1993, ch 344, §39FF; SL 2005, ch 202, §8.
Structure South Dakota Codified Laws
Chapter 09A - Corporate Farming Restrictions
Section 47-9A-1 - Agriculture prohibited as corporate or limited liability company purpose.
Section 47-9A-1.1 - Certain breeding stock, products, and facilities exempt.
Section 47-9A-2 - Definition of terms.
Section 47-9A-3 - Corporate farming and acquisition of interest in farm real estate prohibited.
Section 47-9A-3.1 - Certain greenhouse operations exempt.
Section 47-9A-3.2 - Facilities for feeding poultry or producing meat or eggs exempt.
Section 47-9A-3.3 - Dairy on agricultural lands exempt.
Section 47-9A-5 - Certain limited liability entities exempt from restrictions.
Section 47-9A-6 - Encumbrance taken for security exempt.
Section 47-9A-8 - Agricultural land--Gift--Restrictions--Applicability.
Section 47-9A-10 - Raising breeding stock for resale exempt--Nurseries and seed farms.
Section 47-9A-11 - Livestock feeding exempt.
Section 47-9A-12.1 - Cement Plant Commission property used for nonfarming purposes.
Section 47-9A-13 - Family farm and authorized farm corporations exempt.
Section 47-9A-13.2 - Pork production subject to same provisions as other operations.
Section 47-9A-14 - Family farm corporation defined.
Section 47-9A-15 - Qualifications of authorized small farm corporation.
Section 47-9A-16 - Report required of corporation engaged in farming--Contents.
Section 47-9A-18 - Farming prohibited without certification by secretary of state.
Section 47-9A-20 - Corporation failing to file or filing false report--Civil fine.
Section 47-9A-21 - Attorney general to prosecute violations--Order of court declaring violation.