442.571. Aliens not to own agricultural land--term of--violation. - Missouri Statutes

Aliens not to own agricultural land--term of--violation.

442.571. 1. Except as provided in sections 442.586 and442.591, no alien or foreign business shall acquire by grant,purchase, devise, descent or otherwise agricultural land in thisstate. No person may hold agricultural land as an agent,trustee, or other fiduciary for an alien or foreign business.

2. Any alien or foreign business who acquires agriculturalland in violation of sections 442.560 to 442.591 remains inviolation of sections 442.560 to 442.591 for as long as he holdsan interest in the land.

(L. 1978 S.B. 685 § 3)

(1995) Where alien owner of farmland who owned farmland on effective date of statute wishes to devise, deed, transfer or otherwise dispose of farmland to his two sons, who are also aliens, grandfather clause of statute provided alien with legally-protected interest in farmland. By excluding aliens from the class of potential grantees, Missouri statute limits right of owner to dispose of land. Statute invades one of the recognized incidents of property ownership. Von Kerssenbrock-Praschma v. Saunders, 48 F.3d 323 (8th Cir.).

(1997) Statute is rationally related to a legitimate state interest and is not unconstitutional. Von Kerssenbrock-Praschma v. Saunders, 121 F.3d 373 (8th Cir.).