350.010. Definitions.

396 words·~2 min read·/mo/chapter-350/350-010

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

350.010. Definitions. — For the purposes of this section, the terms defined in this section have the meanings here given them:

(1)"Agricultural land" means land used for farming.

(2)"Authorized farm corporation" means a corporation meeting the following standards:

(a)All of its shareholders, other than any estate, or revocable and irrevocable trusts, are natural persons;

(b)It must receive two-thirds or more of its total net income from farming as defined in this section;

(3)"Corporation" means a corporation or a cooperative.

(4)"Family farm" means an unincorporated farming unit owned or leased by one or more persons residing on the farm or actively engaging in farming.

(5)"Family farm corporation" means a corporation incorporated for the purpose of farming and the ownership of agricultural land in which at least one-half of the voting stock is held by and at least one-half of the stockholders are members of a family related to each other within the third degree of consanguinity or affinity including the spouses, sons-in-law and daughters-in-law of any such family member according to the rules of the common law, and at least one of whose stockholders is a person residing on or actively operating the farm, and none of whose stockholders are a corporation prohibited by section 350.015 from entering into farming, or any corporation which is subject to the controlled expansion provisions of section 350.015 ; provided that a family farm corporation shall not cease to qualify as such hereunder by reason of any gift, devise or bequest of shares of voting stock. A person actively operating a farm shall include, but not be limited to, a person who has an ownership interest in the family farm corporation and exercises some management control or direction.

(6)"Farming" means using or cultivating land for the production of

(a)agricultural crops;

(b)livestock or livestock products;

(c)poultry or poultry products;

(d)milk or dairy products; or

(e)fruit or other horticultural products, provided; however, "farming" shall not include a processor of farm products or a distributor of farming supplies contracting to provide spraying, harvesting or other farming services.

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(L. 1975 H.B. 655 § 1)

(1988)Chapter 350, RSMo, is rationally related to a legitimate state interest and does not violate the equal protection clauses of federal and state constitutions. State ex rel. Webster v. Lehndorff Geneva, 744 S.W.2d 801 (En Banc).