§ 47-9A-1 Agriculture prohibited as corporate or limited liability company purpose
§ 47-9A-1.1 Certain breeding stock, products, and facilities exempt
§ 47-9A-2 Definition of terms
§ 47-9A-3 Corporate farming and acquisition of interest in farm real estate prohibited
§ 47-9A-3.1 Certain greenhouse operations exempt
§ 47-9A-3.2 Facilities for feeding poultry or producing meat or eggs exempt
§ 47-9A-3.3 Dairy on agricultural lands exempt
§ 47-9A-4 Banks and trust companies exempt–Purchase of agricultural land through pooled investment fund excepted
§ 47-9A-5 Certain limited liability entities exempt from restrictions
§ 47-9A-6 Encumbrance taken for security exempt
§ 47-9A-7 Lands acquired in collection of debt or enforcement of claim exempt–Period allowed for disposition–Covenant runs with land
§ 47-9A-8 Agricultural land–Gift–Restrictions–Applicability
§ 47-9A-9 Farms, for scientific, medical, research, or experimental purposes exempt if sale of products incidental
§ 47-9A-10 Raising breeding stock for resale exempt–Nurseries and seed farms
§ 47-9A-11 Livestock feeding exempt
§ 47-9A-12 Land acquired for nonfarming uses exempt–Acreage allowed–Restrictions on farming pending development
§ 47-9A-12.1 Cement Plant Commission property used for nonfarming purposes
§ 47-9A-13 Family farm and authorized farm corporations exempt
§ 47-9A-13.2 Pork production subject to same provisions as other operations
§ 47-9A-14 Family farm corporation defined
§ 47-9A-15 Qualifications of authorized small farm corporation
§ 47-9A-16 Report required of corporation engaged in farming–Contents
§ 47-9A-17 Additional information for qualification as family or authorized farm corporation
§ 47-9A-18 Farming prohibited without certification by secretary of state
§ 47-9A-20 Corporation failing to file or filing false report–Civil fine
§ 47-9A-21 Attorney general to prosecute violations–Order of court declaring violation
§ 47-9A-22 Recording of order–Divestiture within prescribed period–Covenant running with land–Public sale of lands not divested
§ 47-9A-23 Citation of chapter
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Terms Used In South Dakota Codified Laws > Title 47 > Chapter 9A - Corporate Farming Restrictions

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • authorized farm corporation: means a corporation whose shareholders do not exceed ten in number, whose shareholders are all natural persons or estates, whose shares are all of one class, and whose revenues from rent, royalties, dividends, interest, and annuities do not exceed twenty percent of its gross receipts. See South Dakota Codified Laws 47-9A-15
  • Children: includes children by birth and by adoption. See South Dakota Codified Laws 2-14-2
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Devise: To gift property by will.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • stock: include membership interests in a limited liability company. See South Dakota Codified Laws 47-9A-2
  • stockholders: include the members of a limited liability company. See South Dakota Codified Laws 47-9A-2