Federal Court Strikes Down Nebraska Corporate Farming Law

Date
2006-01-06
Authors
McEowen, Roger
Harl, Neil
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Abstract

In late 2005, the Federal District Court for the District of Nebraska held, in Jones, et al. v. Gale, et al.,1 that the Nebraska Constitutional provision restricting unauthorized corporate involvement in certain types of agricultural activities2 is unconstitutional on “dormant commerce clause” grounds and on the basis that the provision violates the Americans with Disabilities Act (ADA).3 The Nebraska Attorney General is appealing the ruling to the United States Court of Appeals for the Eighth Circuit, which has ruled twice on anti-corporate farming restrictions in other states in recent years.4 The case represents the most recent judicial pronouncement concerning the ability of a particular state’s citizenry to shape the future structure of agriculture within that state.

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