Wisconsin Code § 182.001

Corporations and trusts prohibited from owning or carrying on farming operations
Open in Lexace · Ask the AI about this section
(1) PROHIBITION. No corporation or trust may own land on which to carry on
farming operations under sub. (3) or carry on farming operations
under sub. (3), unless the corporation or trust meets the following
standards:
(a) Its shareholders or beneficiaries do not exceed 15 in number. Lineal ancestors and lineal descendants, whether by blood or
by adoption, and aunts, uncles and 1st cousins thereof count collectively as one shareholder or beneficiary for purposes of this
paragraph, but this collective authorization shall not be used for
more than one family in a single corporation or trust.
(b) It does not have more than 2 classes of shares.
(c) All its shareholders or beneficiaries, other than any estate,
are natural persons.
(2) EXCEPTION. (a) Notwithstanding the prohibition in sub.
(1), a corporation or trust may own land on which to carry on
farming operations if the land is acquired by bequest or devise or
is acquired in the regular course of business in partial or full satisfaction of any mortgage, lien or other encumbrance held or
owned by the corporation or trust on the land, provided the land
is sold or otherwise transferred within 5 years after such acquisition and provided the sale or transfer can be made at fair market
value.
(b) This section does not apply to a small business investment
corporation, or to any corporation acting as a personal representative or trustee or in any similar fiduciary capacity where the
trust meets the standards under sub. (1).
(c) This section does not apply to land:
1. Owned by a corporation on June 5, 1974.
2. Acquired by a corporation in the normal expansion of land
owned by the corporation and used for agricultural purposes on
June 5, 1974, provided that such expansion does not increase the
acreage of such land by more than 20 percent in any 5-year
period.
3. Acquired by a corporation to meet pollution control
requirements.
4. Owned by a trust on May 27, 1978.
(d) This section does not apply to farms engaged primarily in
research, breeding operations or the production of any crop primarily for seed.
(e) This section does not apply to agricultural land acquired
by a corporation or trust for expansion or other corporate or trust
business purposes and such land may be used for farming operations if leased to a person not prohibited from engaging in farming operations under sub. (3).
(f) This section does not apply to the use of land prohibited
under sub. (3) when such use is incidental to the principal purpose for which the property is held and which purpose is not prohibited by sub. (3).
(3) PROHIBITED ACTIVITIES. Those farming operations prohibited under this section are the production of dairy products not
including the processing of such dairy products; the production of
cattle, hogs and sheep; and the production of wheat, field corn,
barley, oats, rye, hay, pasture, soybeans, millet, sorghum, and
hemp.
(4) PENALTY FOR NONCOMPLIANCE. Any corporation or trust
violating this section or any injunction or order issued under this
section shall forfeit not more than $1,000 for each violation.
Each day of violation shall constitute a separate offense. In addition, the district attorney of any county in which a corporation or
trust has acquired land on which to carry on farming operations
or in which a corporation or trust commences farming operations
shall bring an action to enjoin such operations when it appears
there is probable cause to believe that a violation of this section
has occurred. The court may permit normal farming operations
to be carried on when necessary to prevent loss or damage in any
instance arising under this subsection. The action also shall request a court order requiring the corporation or trust to divest itself of such land within a reasonable period of time.

‹ Prev All Wisconsin sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.