Sunday, December 17, 2006

Nebraska's Anti-Corporate-Farming Provision Unconstitutional

As I've blogged about here, and here, Nebraska has a provision in its constitution that bars corporations from engaging in farming or owning agricultural land in Nebraska (with a variety of exceptions). The Eighth Circuit has affirmed the District Court's opinion, holding that "I-300" is unconstitutional because it unlawfully discriminates against out-of-state economic interests. The Commerce Clause (or at least the dormant aspects of it) strikes again.


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