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S.D. Codified Laws § 47-9A-2

Definition of terms

Known as the Family Farm Act

The act spans §§ 47–47 (30 sections).

Applied in 2 court decisions — leading case South Dakota Farm Bureau, Inc. v. Hazeltine (2002)

Most recently applied in Estate of Fischer v. Fischer (May 2002)

Source: SL 1974, ch 294, § 3 (1), (3), (4); SL 1993, ch 344, § 39GG; SL 2004, ch 276, § 1.

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.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.