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LINCOLN: Senator Philip Erdman, Chair of the Nebraska Legislature’s Agriculture Committee, announced public hearings at three locations across the state to gather public input on policy opinions to pursue in the wake of litigation finding the state’s corporate farming restrictions to be unconstitutional. The Committee will hold hearings in Norfolk on August 27, Lincoln on August 28, and in Scottsbluff on August 30 (see attached schedule of times and locations). The Agriculture Committee encourages all Nebraskans to take part in this important statewide discussion.
Interim study resolution LR93 directs the Agriculture Committee to examine the implications arising from the rulings in the federal courts in Jones v. Gale that I-300 violates the federal dormant commerce clause. Late last year, the 8th U.S. Circuit Court of Appeals confirmed earlier rulings that I-300 discriminates against interstate commerce. Enforcement of I-300 was then enjoined by an order of the Federal District Court for Nebraska issued on January 27. The resolution also asks the Agriculture Committee to explore other options that might be available to protect state interests in the structure and development of agricultural production.
Article XII, Section 8 of the state constitution, popularly known as the “I-300” corporate farming restrictions, generally prohibits corporate or syndicate ownership of agricultural land and prohibited such entities from engaging in farming or ranching. I-300 exempted family farm corporations from these restrictions and defines a family farm corporation as one where the majority ownership resides with family members and at least one of the majority shareholders resides upon or is actively engaged in the day-to-day labor and management of the farm. I-300 was added to the state constitution in 1982 by a voter initiative.
“The federal court’s rulings that invalidate I-300 may profoundly affect the agricultural landscape in Nebraska,” said State Senator Philip Erdman. “The Agriculture Committee is interested in learning what challenges and opportunities might unfold in the wake of the federal court rulings and how the Legislature might help direct the progress of agricultural production in Nebraska.”
In addition to public hearings, the Committee is pursuing other means of gathering information and is in the process of soliciting research and other materials to help identify issues that might arise absent the I-300 restrictions on corporate participation in agricultural production. In addition to LR 93, the Legislature passed LB 516 which provides funding for the committee to commission legal and economic analysis. The Attorney General’s office will also assist the Agriculture Committee.
Agriculture Committee
Interim Public Hearing Schedule
(Times Mountain or Central as indicated)
August 27, 2007
Northeast Community College
Lifelong Learning Center, Suite H
801 East Benjamin Ave.
Norfolk, NE
1:00 p.m. – 2:30 p.m. (CST)
LR 76 – Examine Rural Economic Development Potential of Wind Energy
2:30 p.m. (CST)
LR 93 – Examine Implications of I-300 Litigation and Potential Policy Options
August 28, 2007
Nebraska State Capitol Building
Room 1524
Lincoln, NE
1:30 p.m. (CST)
LR 93 – Examine Implications of I-300 Litigation and Potential Policy Options
August 30, 2007
Hampton Inn
301 West Hwy 26, Red Rock Room
Scottsbluff, NE
6:30 p.m. (MST)
LR 93 – Examine Implications of I-300 Litigation and Potential Policy Options
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