47-9A-2. Definition of terms.
Terms used in this chapter, unless the context otherwise plainly requires, mean:
(1)"Agricultural land," land used for farming;
(2)"Corporation" or any derivation of "corporation," both corporations under the South Dakota Business Corporation Act and limited liability companies under the South Dakota Limited Liability Company Act;
(2A)"Family," all descendants born of common parents after the year 1900 as well as their spouses, step-children, and adopted children. Once a person is a family member subsequent events such as death or divorce, do not disqualify that person from being a family member under this chapter.
(3)"Family farm," an unincorporated farming unit owned by one or more persons residing on the farm or actively engaging in farming;
(4)"Farming," the cultivation of land for the production of agricultural crops; livestock or livestock products; poultry or poultry products; milk or dairy products; or fruit or other horticultural products. It shall not include the production of timber or forest products; nor shall it include a contract whereby a processor or distributor of farm products or supplies provides spraying, harvesting or other farm services;
(5)"Shareholders" or "stockholders," include the members of a limited liability company; and
(6)"Shares" or "stock," include membership interests in a limited liability company.
Source: SL 1974, ch 294, §3 (1), (3), (4); SL 1993, ch 344, §39GG; SL 2004, ch 276, §1.
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.