Federal Judge Rules Nebraska's Anti-corporate Farming Law Unconstitutional
Decision on Nebraska's 23-year 1-300 will be appealed.
Don McCabe
Published: Dec 19, 2005
Nebraska's 23-year-old anti-corporate-farming law, considered one of the toughest in the country, has been ruled unconstitutional by a federal judge in Omaha.
U.S. District Judge Laurie Smith-Camp ruled that Initiative 300, commonly referred to as I-300, violates the commerce clause of the U.S. Constitution and the Americans With Disabilities Act.
Nebraska Attorney General Jon Bruning, according to reports, indicated that his office would appeal, saying it is the Nebraska Department of Justice's duty to defend the state's constitution. If the decision is appealed, the case would be heard in the 8th Circuit Court of Appeals.
I-300 was approved by voters as a constitutional amendment in 1982. With some exceptions, I-300 banned non-family farm corporations and limited liability companies from owning farmland and livestock in Nebraska. Through the years, the measure has withstood multiple court challenges.
John Hansen, Nebraska Farmers Union president, called this latest decision a sad day for family farm agriculture in Nebraska. Referring to the fact the ruling was made without a trial, Hansen says Nebraska citizens were denied the opportunity to dispute the claims brought by the plaintiffs. It was his organization that spearheaded the petition drive to place the amendment on the ballot.
Jim Jones of Eddyville, farmer, cattlemen and former state senator, was among six plaintiffs who filed the lawsuit against I-300 a year ago. Jones says I-300, among other things, prevents younger farmers from forming a corporation with a non-related older farmer.
Another plaintiff is a paraplegic from Lincoln who is partial owner of a feedlot. I-300 requires at least one family member who owns the operation to be engaged in the day-to-day physical activities of the business. Plaintiffs claimed that provision discriminates against people with disabilities.
Keith Olsen, president of the Nebraska Farm Bureau, says that if the ruling stands, "Nebraskans will need to begin discussing how we move forward and how the concepts of I-300 can be improved to meet the needs of today's farmers. Nebraska Farm Bureau members believe the continuation of family owned and operated farms is critical for the future of rural Nebraska.•bCrLf
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