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South Dakota Farm Bureau, Inc. v. Hazeltine

Citation: 33 ELR 20260
No. No. 02-2366 et al., (8th Cir., 08/19/2003)

The court holds that §21 of Article XVII to the South Dakota Constitution, which prohibits corporations or syndicates from acquiring or obtaining an interest in land used for farming and from otherwise engaging in farming in South Dakota, violates the dormant U.S. Commerce Clause of the U.S. Constitution. Evidence in the record demonstrates that the intent behind the restriction, known as Amendment E, was to restrict in-state farming by out-of-state corporations and syndicates in order to protect perceived local interests. Thus, it was motivated by a discriminatory purpose. Further, the state officials failed to satisfy their burden of showing that nondiscriminatory alternatives would not advance Amendment E's interests.

[Counsel not available at this printing.]