Case Law Index
Corporate Farming Laws
January 1915 - March 1, 2011
This index provides a comprehensive though not necessarily exhaustive compilation of reported and unreported federal and state court decisions involving the Corporate Farming Laws that were decided on or after January 1915. For those cases that have been summarized by the National Agricultural Law Center, a link is provided to the summary. The index will be regularly updated to reflect new judicial developments. The cases are listed in reverse chronological order.
The "Text" link goes to the freely available Google Scholar text of the opinion; the "Summary" link goes to a summary of the opinion written by the National Agricultural Law Center staff.
SUPREME COURT
Asbury Hosp. v. Cass County, 326 U.S. 207 (U.S. 1945) (constitutionality) Text
FOURTH CIRCUIT
Griffin v. Smithfield Foods, Inc., 183 F.Supp. 2d 824 (E.D. Va. 2002) Text
EIGHTH CIRCUIT
Jones v. Gale, 470 F.3d 1261 (8th Cir. 2006) Text
Jones v. Gale, 405 F.Supp. 2d 1066 (D.Neb. 2005) (constitutionality) Text | Summary
Smithfield Foods, Inc. v. Miller, 367 F.3d 1061 (8th Cir. 2004) (constitutionality) Text | Summary
Smithfield Foods, Inc. v. Miller, 241 F.Supp. 2d 978 (S.D. Iowa 2003) (constitutionality) Text | Summary
South Dakota Farm Bureau, Inc. v. Hazeltine, 340 F.3d 583 (8th Cir. 2003) (constitutionality) Text | Summary
South Dakota Farm Bureau, Inc. v. Hazeltine, 202 F.Supp. 2d 1020 (D.S.D. 2002) Text
MSM Farms, Inc. v. Spire, 927 F.2d 330 (8th Cir. 1991) (constitutionality) TextTENTH CIRCUIT
Simler v. Wilson, 210 F.2d 99 (10th Cir. 1953) (prohibition against accepting, receiving and owning realty by religious corporation) Text
Bailey v. Banister, 200 F.2d 683 (10th Cir. 1952) (action against railway company for bidding for Indian's land) Text
State of Okl. ex rel. McVey v. Magnolia Petroleum Co., 114 F.2d 111 (10th Cir. 1940) (State's action to escheat lands) Text
Knoell v. Frisco Lease, 78 F.2d 286 (10th Cir. 1935) (limitations on the quantity of land which a railroad corporation may own) Text
KANSAS
T-Bone Feeders, Inc. v. Martin, 693 P.2d 1187 (Kan. 1985) (distinction between a feedlot and a farming operation) Text
MINNESOTA
Minnwest Bank, M.V. v. Molenaar, No. A05-1161, 2006 WL 1390323 (Minn. App. May 23, 2006) Text
R.L. Hexum & Associates, Inc. v. Rochester Twp., Bd. of Sup'rs, 609 N.W.2d 271 (Minn. Ct. App. 2000) (applicability of corporate and partnership farming law) Text
Wacek v. Vavricka, C8-95-459, 1995 WL 538664 (Minn. Ct. App. Sept. 12, 1995) (failure to extend the right of first refusal prior to the sale)
Seehusen v. First Am. Bank & Trust of Willmar, C3-94-2609, 1995 WL 365360 (Minn. Ct. App. June 20, 1995) (failure to extend the right of first refusal after foreclosure)
Peterson v. Island, C4-94-2425, 1995 WL 118895 (Minn. Ct. App. Mar. 21, 1995) (interference with a land purchase, the right of first refusal)
Hommerding v. Travelers Ins. Co., C6-94-1843, 1995 WL 6438 (Minn. Ct. App. Jan. 10, 1995) (claim of statutory violations, fraud and negligence)
Kjesbo v. Ricks, 517 N.W.2d 585 (Minn. 1994) (foreclosure, statutory first right of refusal) Text
Farm Credit Bank of St. Paul v. Michels, 513 N.W.2d 7 (Minn. Ct. App. 1994) (right of first refusal, "immediately preceding former owners") Text
Resolution Trust Corp. v. Lipton, 983 F.2d 901 (8th Cir. 1993) (partnership was not "family farm," and thus was not qualified debtor) Text
Wenner v. Farm Credit Bank of St. Paul, 505 N.W.2d 645 (Minn. Ct. App. 1993) (applicabilty of corporate farming law, violation of the rights of first refusal) Text
Lilyerd v. Carlson, 499 N.W.2d 803 (Minn. 1993) (immediately preceding former owner selling the property to a third party) Text
Boerboom v. Travelers Ins. Co., CX-92-2456, 1993 WL 152300 (Minn. Ct. App. May 11, 1993) (right of first purchase)
Elfering v. Schleusner, C6-92-1529, 1993 WL 4119 (Minn. Ct. App. Jan. 12, 1993) (right of first refusal)
Schwarz v. Farm Credit Services, Inc., CX-91-1720, 1992 WL 55061 (Minn. Ct. App. Mar. 24, 1992) (breach of contract, waiver of statutory right of first refusal)
Ludowese v. Redmann, 479 N.W.2d 59 (Minn. Ct. App. 1991) (immediately preceding former owner's right of first refusal) Text
Buer v. Atwater State Bank, 477 N.W.2d 782 (Minn. Ct. App. 1991) (right of first refusal, "immediately preceding former owners") Text
Elfering v. Schleusner, C5-90-2585, 1991 WL 85281 (Minn. Ct. App. May 28, 1991) (statutory prohibition of sale after exercise of right of first refusal)
Schumacher v. Ihrke, 469 N.W.2d 329 (Minn. Ct. App. 1991) (tortious interference with contract, former owner's right of first refusal) Text
In re Solberg, 125 B.R. 1010 (Bankr. D. Minn. 1991) (right of first refusal when creditor attempts to sell foreclosed-upon property) Text
Farm Credit Bank of St. Paul v. Bahr, C7-90-1826, 1991 WL 38183 (Minn. Ct. App. Mar. 26, 1991) (right of first refusal for agricultural property)
Crowell v. Delafield Farmers Mut. Fire Ins. Co., 463 N.W.2d 737 (Minn. 1990) (insurable interest in the farmhouse, right of first refusal) Text
Sands v. Prod. Credit Ass'n of Fairmont, C9-90-1116, 1990 WL 157496 (Minn. Ct. App. Oct. 23, 1990) (rights of first refusal for redemption by a junior creditor)
Farmers & Merchants Bank of Preston v. Junge, 458 N.W.2d 698 (Minn. Ct. App. 1990) (immediately preceding former owner's right of first refusal) Text
Travelers Ins. Co. v. Horseshoe Lake Farms, Inc., 456 N.W.2d 453 (Minn. Ct. App. 1990) (immediately preceding former owner's right of first refusal) Text
Crowell v. Delafield Farmers Mut. Fire Ins. Co., 453 N.W.2d 724 (Minn. Ct. App. 1990) (insurable interest in the farmhouse, right of first refusal) Text
Carlson v. Lilyerd, 449 N.W.2d 185 (Minn. Ct. App. 1989) (right of first refusal, "immediately preceding former owners") Text
Harbal v. Fed. Land Bank of St. Paul, 449 N.W.2d 442 (Minn. Ct. App. 1989) (violation of statutory right of first refusal) Text
Rushford State Bank v. Kjos, 445 N.W.2d 846 (Minn. Ct. App. 1989) (former owner's right of first refusal after foreclosure of farm) Text
Ward v. Metro. Life Ins. Co., C9-89-784, 1989 WL 98704 (Minn. Ct. App. Aug. 29, 1989) (required offer to lease to the former owner)
Fed. Land Bank of Saint Paul By & Through Fed. Land Bank Ass'n of Mankato v. Wessels, C7-88-2233, 1989 WL 38400 (Minn. Ct. App. Apr. 25, 1989) (foreclosure, "family farm")
Coolidge v. First Am. State Bank of Sargeant, C0-88-2316, 1989 WL 29537 (Minn. Ct. App. Apr. 4, 1989) (required offer to lease to the former owner)
Travelers Ins. Co. v. Norwest Bank of Rochester N.A., 706 F. Supp. 695 (D. Minn. 1989) (financial institution as an immediately preceding former owner, right of first refusal) Text
Travelers Ins. Co. v. Tufte, 435 N.W.2d 824 (Minn. Ct. App. 1989) (statutory notice requirement to offer the previous owner to purchase the land) Text
Greenhoff v. Fed. Land Bank of St. Paul by Fed. Land Bank Ass'n of S. W. Minnesota, C6-88-991, 1988 WL 134808 (Minn. Ct. App. Dec. 20, 1988) (requirement to offer the previous owner to purchase the land)
Fed. Land Bank of St. Paul v. Obermoller, 429 N.W.2d 251 (Minn. Ct. App. 1988) (foreclosure, right of first refusal) Text
Estate of Smith v. Fed. Land Bank of St. Paul, 424 N.W.2d 312 (Minn. Ct. App. 1988) (right to receive an offer to purchase agricultural land) Text
First Nat. Bank of Cold Spring v. Moeller, C0-87-2144, 1988 WL 53117 (Minn. Ct. App. May 31, 1988) (bankruptcy, right of first refusal)
Leckband v. Naylor, 715 F. Supp. 1451 (D. Minn. 1988) (foreclosure, right of first refusal) Text
Krueger v. Washington Fed. Sav. Bank of Montevideo, 406 N.W.2d 543 (Minn. Ct. App. 1987) (authorized farm corporation) Text
Cargill, Inc. v. Hedge, 375 N.W.2d 477 (Minn. 1985) (homestead exemption, family farm corporation) Text
Cargill, Inc. v. Hedge, 358 N.W.2d 490 (Minn. Ct. App. 1984) (homestead exemption, family farm corporation) Text
N. States Power Co. v. Williams, 343 N.W.2d 627 (Minn. 1984) (whether Christmas tree producers are protected under Corporate Farming Act) Text
John W. Swenson & Sons, Inc. v. Aetna Life Ins. Co., 571 F. Supp. 895 (D. Minn. 1983) (considering public policy in favor of family farms) Text
MISSOURI
State ex rel. Nixon v. Premium Standard Farms, Inc., 100 S.W.3d 157 (Mo. App. 2003) Text
Neighbors Against Large Swine Operations v. Cont'l Grain Co., 901 S.W.2d 127 (Mo. Ct. App. 1995) (violation of Farming Corporations Act, private right of action) Text
State ex rel. Webster v. Lehndorff Geneva, Inc., 744 S.W.2d 801 (Mo. 1988) (requiring foreign corporation to divest itself of in state farmland) Text
NEBRASKA
Hall v. Progress Pig, Inc., 610 N.W.2d 420 (Neb. 2000) (citizens' action to enjoin corporate pork producer's operation) Text
Hall v. Progress Pig, Inc., 575 N.W.2d 369 (Neb. 1998) (citizens' action to enjoin corporate pork producer's operation) Text
US Ecology, Inc. v. Boyd County Bd. of Equalization, 578 N.W.2d 877 (Neb. Ct. App. 1998) (classifying property as agricultural, constitutional prohibitons) Text
Pig Pro Nonstock Co-op. v. Moore, 568 N.W.2d 217 (Neb. 1997) (whether the company is "nonprofit") Text
Omaha Nat'l Bank v. Spire, 389 N.W.2d 269 (Neb. 1986) (constitutionality) Text
NORTH DAKOTA
Stenehjem ex rel., North Dakota v. Crosslands, Inc., 782 N.W.2d 632 (N.D. 2010) (evaluation of land for purposes of the corporate farming statute) Text
Stenehjem ex rel., North Dakota v. Crosslands, Inc., No. 20-05-C-002 (N.D. Dist. Ct. June 5, 2009) (upholding state corporate farming law against constitutional challenges). Click here for the full text of the unreported decision.
Tibert v. Slominski, 692 N.W.2d 133 (N.D. 2005) (nuisance claims barred by right to farm against grain elevator) Text | Summary
State v. Liberty Nat. Bank & Trust Co., 427 N.W.2d 307 (N.D. 1988) (State's divestiture action against corporaton) Text
Lang v. Bank of Steele, 415 N.W.2d 787 (N.D. 1987) (purchase of sheriff's certificate of sale of farm by corporate creditor) Text
State v. J.P. Lamb Land Co., 401 N.W.2d 713 (N.D. 1987) (State's action to prohibit corporation from continuing to operate corporate farm) Text
State v. J.P. Lamb Land Co., 359 N.W.2d 368 (N.D. 1984) (State's divestiture action against corporaton) Text
Coal Harbor Stock Farm, Inc. v. Meier, 191 N.W.2d 583 (N.D. 1971) (certificate of incorporation for purpose of engaging in business of farming) Text
Asbury Hosp. v. Cass Cty., 16 N.W.2d 523 (N.D. 1944) (applicability of corporate farming laws to non-profit corporation)
Asbury Hosp. v. Cass Cty., 7 N.W.2d 438 (N.D. 1943) (applicability of corporate farming laws to non-profit corporation)
OKLAHOMA
State ex rel. Cartwright v. Hillcrest Investments, Ltd., 630 P.3d 1253 (Okla. 1981) (action of escheat of land owned by Canadian corporation) Text
Thomas v. Oklahoma Natural Gas Co., 527 P.2d 856 (Okla. Ct. App. 1974)(whether public service corporation could acquire land) Text
Barton v. Baptist Gen. Convention, 477 P.2d 679 (Okla. 1970) (obtaining land necessary to the corporate charitable function) Text
Oklahoma Land & Cattle Co. v. State ex rel. Mattingly, 456 P.2d 544 (Okla. 1969) (violation of constitutional prohibition) Text
LeForce v. Bullard, 454 P.2d 297 (Okla. 1969) (right of a corporation to acquire and hold land "necessary and proper" for carrying on the business) Text
St. Louis-San Francisco Ry. Co. v. Humphrey, 446 P.2d 271 (Okla. 1968) (railroad corporations' power to acquire title to land for the purpose of a right of way) Text
Johnstone v. Patterson, 418 P.2d 656 (Okla. 1966) (ability of eleemosynary corporation to take title to rural lands) Text
State ex rel. Reidy v. Int'l Paper Co., 342 P.2d 565 (Okla. 1959) (corporation unlawfully holding real property in violation of constitution) Text
U. S. Gypsum Co. v. State ex rel. Rutherford, 328 P.2d 431 (Okla. 1958) (corporation holding rural lands not proper and necessary for the its business) Text
Goss & Hamlyn Home v. State ex rel. Mills, 285 P.2d 428 (Okla. 1955) (corporation unlawfully holding land acquired by foreclosure for more than seven years) Text
State ex rel. Combs v. Hopping Inv. Co., 269 P.2d 997 (Okla. 1954) (corporation holding real property for a period in excess of seven years) Text
French v. Ayres, 207 P.2d 308 (Okla. 1949) (restriction on purchases of land by corporations)
Illinois Bankers Life Assur. Co. v. State ex rel. Cline, 192 P.2d 678 (Okla. 1947) (State's action to recover statutory penalties for owning and holding real estate)
Texas Co. v. State, 180 P.2d 631 (Okla. 1947) (State's action to escheat lands)
Cent. Life Assur. Soc. v. State ex rel. Frittz, 131 P.2d 110 (Okla. 1942) (State's action to collect statutory penalty for holding realty in excess of seven years)
Stinson v. Oklahoma Ry. Co., 126 P.2d 260 (Okla. 1942) (alleged wrongful occupancy of realty)
Oklahoma Natural Gas Co. v. State ex rel. Vassar, 101 P.2d 793 (Okla. 1940) (ability of public service corporations to hold a land)
Wilber State Bank v. State, 83 P.2d 805 (Okla. 1938) (corporation unlawfully holding land acquired by foreclosure for more than seven years)
John Hancock Mut. Life Ins. Co. v. State ex rel. Stanfield, 82 P.2d 808 (Okla. 1938) (land owned for more than seven years after foreclosure of a mortgage on land)
Cumbey v. Urschel, 42 P.2d 902 (Okla. 1935) (railroad corporations' power to purchase title to land for railroad purposes)
Oklahoma City v. Dobbins, 44 P.2d 148 (Okla. 1935) (railroad corporations' power to hold title to land for the purpose of a right of way)
Marland v. Gillespie, 33 P.2d 207 (Okla. 1934) (railroad corporations' power to purchase title to land for railroad purposes)
Wolfe v. State, 21 P.2d 1067 (Okla. 1933) (arguing State's action to escheat lands)
Brown v. Capps, 22 P.2d 1008 (Okla. 1933) (the question of the constitutional inhibition could only be raised by the state)
Colcord v. Granzow, 278 P. 654 (Okla. 1928) (powers of town-site companies)
State v. Benevolent Invest. & Relief Ass'n, 232 P. 35 (Okla. 1924) (State's action to escheat lands)
McCray v. Miller, 184 P. 781 (Okla. 1919) (corporation acquiring a lease to prospect land for oil and gas)
Parwal Inv. Co. v. State, 175 P. 514 (Okla. 1918) (arguing State's action of escheat of land held by corporations in violation of Constitution)
State v. Prairie Oil & Gas Co., 167 P. 756 (Okla. 1917) (State's action to escheat real property of the corporation)
Local Inv. Co. v. Humes, 151 P. 878 (Okla. 1915) (corporations' right to take mortgages on real estate to secure loans or debts)
SOUTH DAKOTA
Thares v. Brown County Bd. of Equalization, 616 N.W.2d 380 (S.D. 2000) (evaluation of land for purposes of the corporate farming statute) Text
Allegheny Corp., Inc. v. Richardson, Inc., 463 N.W.2d 678 (S.D. 1990) (prohibiting "foreign corporations" from owning agricultural land) Text
In re Sheehan, 58 B.R. 304 (Bankr. D.S.D. 1986) (insurance company exercising control over debtors' farmland) Text
Stahn v. Fairmont Nat. Bank, 367 N.W.2d 784 (S.D. 1985) (exemption for bank purchasing property at foreclosure sale) Text