Nebraska courts will once again review and determine whether the state’s 22-year-old corporate farming law is constitutional.
A newly filed federal lawsuit joins another case filed previously that challenges the legality of Initiative 300. It is a 1982 law that bans corporations from buying land in Nebraska. The law grandfathered in corporations that already owned land, but those corporations could not purchase additional land.
The latest challenges to Initiative 300 come on the grounds that the law interferes with interstate commerce. Previous efforts to convince state and federal courts to strike down the law have failed, although a similar corporate farming law in South Dakota was found in 2003 as being unconstitutional, notes a report in the The Aberdeen News.
However, the South Dakota ruling does not mean Nebraska’s corporate farming law will be thrown out. Nebraska's law is considered the toughest in the country. Similar bans are in place in Iowa, Kansas, North Dakota, Minnesota, Missouri, Oklahoma and Wisconsin.
While Initiative 300 was designed to protect "small farms", the number of "family farms" in Nebraska has declined from 65,000 in 1980, to 54,000 today.
The Aberdeen News/ Associated Press