Two weeks ago in the September 12 article Hovland farmer loses agricultural designation for taxes, this paper asked the question “What is a farm?”
An associated question would be, what is a law? Is it a statute, a rule, a regulation, a departmental policy or a bureaucratic interpretation of one of the above?
The phrase “…ten tillable acres …” was used to define a farm. I searched the Minnesota Revisor (law library) and no document was found to contain that language. I’ve asked what law was used to justify the determination that I was not farming. No one will tell me.
If there was a law that defined a farm as ten tillable acres, I could work to get it changed so we could do things in Minnesota like raise grass-fed beef on permanent pasture instead of tilling marginal land and sending topsoil down stream.
However, how can you change a law that doesn’t exist? What can you do when “the state” makes determination either not based on the law, or refuses to cite the law? Interesting way to run government.
For contrast I’ll include a few actual laws:
17.459 HORSES
Subdivision 1. Classification as livestock Horses and other equines raised for the purposes of riding, driving, farm or ranch work, competition, racing, recreation, sale, or as breeding stock are livestock. Horses and their products are livestock and farm products for purposes of financial transactions and collateral.
Subd. 2. Agricultural pursuit Raising horses and other equines is agricultural production and an agricultural pursuit. A horse breeding farm, horse training farm, horse boarding farm, or a farm combining those purposes is an agricultural operation.
473H.02 DEFINITIONS
Subd. 2. Agricultural preserve or preserve “Agricultural preserve” or “preserve” means a land area created and restricted according to section 473H.05 to remain in agricultural use.
Subd. 3. Agricultural use “Agricultural use” means the production for sale of livestock, dairy animals, dairy products, poultry or poultry products, fur-bearing animals, horticultural or nursery stock, fruit, vegetables, forage, grains, or bees and apiary products. Wetlands, pasture and woodlands accompanying land in agricultural use shall be deemed to be in agricultural use.
273.13 CLASSIFICATIO N OF PROPERT Y
Subdivision 1. How classified All real and personal property subject to a general property tax and not subject to any gross earnings or other in-lieu tax is hereby classified for purposes of taxation as provided by this section.
Class 2. (a) An agricultural homestead consists of class 2a agricultural land that is homesteaded, along with any class 2b rural vacant land that is contiguous to the class 2a land under the same ownership.
Mark Adams
Hovland
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