Legislature hears judicial council report on corporate farming law
The Kansas Senate Natural Resources Committee recently reviewed the state Judicial Council’s analysis of Kansas corporate farm law restrictions. Jeffrey Jackson, a law professor at Washburn University and member of the council’s Agricultural Corporations Advisory Committee, reported to legislators portions of the Kansas law likely are unconstitutional. The committee agreed the Kansas law discriminates against interstate commerce and nonresidents of Kansas.
According to the committee’s report, the Legislature could address the risk of having an unconstitutional law by amending the law to allow authorized farm corporations to include nonresidents as incorporators and remove the requirement that limited agricultural partnerships and limited liability agricultural companies be formed under Kansas law.
The Judicial Council’s review of the Kansas law is a result of a request from the 2013 Kansas Legislature. Lawmakers considered, but didn’t approve, bills to repeal the Kansas corporate farming law last year. Legislative officials have reported they don’t intend to consider bills to amend or repeal the corporate farming law during the 2014 legislative session.
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