South Dakota Codified Laws
Chapter 09A - Corporate Farming Restrictions
Section 47-9A-14 - Family farm corporation defined.

47-9A-14. Family farm corporation defined.
As used in this chapter, the term, family farm corporation, means any corporation founded for the purpose of farming and the ownership of agricultural land in which the majority of the voting stock is held by members of a family, an estate of a family member, or a trust that benefits members of the family, and at least one of whose stockholders is a person who is residing on or actively operating the farm or who has resided on or has actively operated the farm, and none of whose stockholders are corporations. Transfers of shares to persons who are or have been family members are qualified as a family member under this chapter.

Source: SL 1974, ch 294, §3 (5); SL 1984, ch 298; SL 1985, ch 369; SL 1988, ch 371, §2; SL 2004, ch 276, §2.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 47 - Corporations

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-4 - Banks and trust companies exempt--Purchase of agricultural land through pooled investment fund excepted.

Section 47-9A-5 - Certain limited liability entities exempt from restrictions.

Section 47-9A-6 - Encumbrance taken for security exempt.

Section 47-9A-7 - Lands acquired in collection of debt or enforcement of claim exempt--Period allowed for disposition--Covenant runs with land.

Section 47-9A-8 - Agricultural land--Gift--Restrictions--Applicability.

Section 47-9A-9 - Farms, for scientific, medical, research, or experimental purposes exempt if sale of products incidental.

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 - Land acquired for nonfarming uses exempt--Acreage allowed--Restrictions on farming pending development.

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-17 - Additional information for qualification as family or authorized farm corporation.

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.

Section 47-9A-22 - Recording of order--Divestiture within prescribed period--Covenant running with land--Public sale of lands not divested.

Section 47-9A-23 - Citation of chapter.