Title 47 — CORPORATIONS

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 decl…

The restrictions of §§ 47-9A-1 and 47-9A-3 do not apply to agricultural land, animals, or facilities owned or operated primarily for the purpose of producing animal breeding stock or reproductive products from animals. Source: SL 2006, ch 229 , § 1.

The restrictions of §§ 47-9A-1 and 47-9A-3 do not apply to agricultural land operated by a corporation for the purpose of raising breeding stock for resale to farmers or operated for the purpose of growing seed, nursery plants, or sod. Source: SL 1974, ch 294 , § 4 (5); SL 2004, …

The restrictions of §§ 47-9A-1 and 47-9A-3 do not apply to agricultural land acquired by a corporation other than a family farm corporation or authorized farm corporation for immediate or potential use in nonfarming purposes. A corporation may hold such agricultural land in such …

All real property owned or held by the State of South Dakota by and through the South Dakota State Cement Plant Commission as of December 28, 2000, is owned or held by it and its successors in title for immediate or potential use for nonfarming purposes and the real property is n…

The restrictions of §§ 47-9A-1 and 47-9A-3 do not apply to a family farm corporation or an authorized farm corporation. Source: SL 1974, ch 294 , § 4 (2); SL 2004, ch 277 , § 11. 47-9A-13.1. Repealed by SL 2016, ch 220 , § 2.

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…

The production of pork is subject to the same provisions which apply to livestock feeding, breeding stock, dairies, and poultry and egg operations under this chapter. Source: SL 2016, ch 220 , § 1.

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 bene…

As used in this chapter, unless the context otherwise plainly requires, "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 f…

Every corporation engaged in farming or proposing to commence farming in this state shall file with the secretary of state a report containing: (1) The information required by § 59-11-6 ; and (2) The acreage and location listed by section, township, and county of each lot or parc…

The report of a corporation seeking to qualify hereunder as a family farm corporation or an authorized farm corporation shall contain, in addition: (1) The number of shares owned by persons residing on the farm or actively engaged in farming, or their relatives within the third d…

No corporation shall commence farming in this state until the secretary of state has inspected the report required by § 47-9A-16 and certified that its proposed operations comply with the provisions of §§ 47-9A-16 and

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 …

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…

Any corporation which fails to file any report required by this chapter or intentionally files false information on any report required by this chapter is subject to a civil fine of not more than one thousand dollars. Source: SL 1974, ch 294 , § 7; SL 1983, ch 15 , § 31; SL 1983,…

If the attorney general has reason to believe that a corporation is in violation of this chapter, he shall commence an action in the circuit court for the county in which any agricultural lands relative to such violation are situated, or if situated in two or more counties, in an…

The attorney general shall file any order under § 47-9A-21 for record with the register of deeds of each county in which any portion of said lands are located. Thereafter, the corporation owning such land shall have a period of five years from the date of such order to divest its…

This chapter shall be known and may be cited as the Family Farm Act of 1974. Source: SL 1974, ch 294 , § 1.

Except as provided herein, no foreign or domestic corporation may engage in farming; nor may any foreign or domestic corporation, directly or indirectly, own, acquire, or otherwise obtain an interest, whether legal, beneficial or otherwise, in any title to real estate used for fa…

The restrictions of §§ 47-9A-1 and 47-9A-3 do not apply to the cultivation of edible fruits, vegetables or mushrooms if such cultivation occurs within a greenhouse or other enclosed or semi - enclosed structure. Source: SL 1986, ch 386 ; SL 2004, ch 277 , § 1.

The restrictions of §§ 47-9A-1 and 47-9A-3 do not apply to facilities acquired by a corporation for the purpose of feeding poultry for the production of meat or eggs. Source: SL 1986, ch 385 ; SL 2004, ch 277 , § 2.

The restrictions of §§ 47-9A-1 and 47-9A-3 do not apply to agricultural lands acquired by a corporation solely for the purpose of operating a dairy. Source: SL 2008, ch 237 , § 1.

The restrictions of §§ 47-9A-1 and 47-9A-3 do not apply to agricultural land and land capable of being used for farming which: (1) Was owned by a corporation as of July 1, 1974, including the normal expansion of such ownership at a rate not to exceed twenty percent, measured in a…

The restrictions provided in §§ 47-9A-1 and 47-9A-3 do not apply to a bona fide encumbrance taken for purposes of security. Source: SL 1974, ch 294 , § 4 (1); SL 2004, ch 277 , § 4.

The restrictions of §§ 47-9A-1 and 47-9A-3 do not apply to agricultural lands acquired by a corporation by process of law in the collection of debts; or by any procedure for the enforcement of a lien or claim thereon, whether created by mortgage or otherwise. However, any land so…

The restrictions in §§ 47-9A-1 and 47-9A-3 do not apply to a gift of agricultural land, whether by grant or devise, to any nonprofit entity organized under the laws of this state and registered with the secretary of state. Source: SL 1974, ch 294 , § 4 (7); SL 2004, ch 277 , § 6;…

The restrictions of §§ 47-9A-1 and 47-9A-3 do not apply to any entity that engages in farming primarily for scientific, medical, research, or experimental purposes. However, any commercial sales from such farming shall be incidental to the scientific, medical, research, or experi…