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| Home > Statutes > Usa Maine |
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USA Statutes : maine
Title : Title 07. AGRICULTURE AND ANIMALS
Chapter : Chapter 02. INTEREST IN AGRICULTURAL LAND (HEADING. PL 1983, c. 396, @1 (new))
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Title 7 - §31. Title
Title 7: AGRICULTURE AND ANIMALS Part 1: ADMINISTRATION Chapter 2: INTEREST IN AGRICULTURAL LAND (HEADING: PL 1983, c. 396, @1 (new)) §31. Title
This chapter shall be known and may be cited as the "Agricultural Land Interest Act."
[1983, c. 396, § 1 (new).]
Section History:
PL 1983,
Ch. 396,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §32. Definitions
Title 7: AGRICULTURE AND ANIMALS Part 1: ADMINISTRATION Chapter 2: INTEREST IN AGRICULTURAL LAND (HEADING: PL 1983, c. 396, @1 (new)) §32. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
[1983, c. 396, § 1 (new).]
1. AFIDA. "AFIDA" means the Agricultural Foreign Investment Disclosure Act of 1978, United States Code, Title 7, Section 3501, et
seq.
[1983, c. 396, § 1 (new).]
2. Agricultural land. "Agricultural land" means any land in Maine which is used or capable of use without substantial modification for production
of agriculturally related products including, but not limited to, crops, livestock, poultry, dairy products and sod.
[1983, c. 396, § 1 (new).]
3. Commissioner. "Commissioner" means the Commissioner of Agriculture, Food and Rural Resources or his authorized agents.
[1983, c. 396, §1 (new).]
4. Family farm corporation. "Family farm corporation" means a corporation founded for the purpose of farming and the ownership of agricultural land;
the majority of the voting stock must be held by, and a majority of the shareholders must be, persons or the spouses of persons
related to each other within the 3rd degree of kindred and at least one of the related persons must reside on or actively
operate the farm; and none of the shareholders may be a corporation. A family corporation does not cease to qualify as such
by reason of any bequest of voting stock.
[1983, c. 396, § 1 (new).]
5. Farm partnership. "Farm partnership" means an association of 2 or more individuals formed for the purpose of farming.
[1983, c. 396, §1 (new).]
6. Interest in land. "Interest in land" means all forms of direct or indirect ownership of land, except:
A. Contingent future interests;
[1983, c. 396, § 1 (new).]
B. Noncontingent future interests which do not become possessory upon the termination of the present possessory estate; and
[1983, c. 396, § 1 (new).]
C. Surface or subsurface easements and rights-of-way used for a purpose unrelated to agricultural production.
[1983, c. 396, § 1 (new).]
[1983, c. 396, § 1 (new).]
Section History:
PL 1983,
Ch. 396,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §33. Report required
Title 7: AGRICULTURE AND ANIMALS Part 1: ADMINISTRATION Chapter 2: INTEREST IN AGRICULTURAL LAND (HEADING: PL 1983, c. 396, @1 (new)) §33. Report required
1. Conditions requiring report. Any corporation or partnership which, on its own behalf or acting as a fiduciary or trustee on behalf of another, holds,
acquires or transfers any interest in agricultural land shall submit an annual report to the commissioner not later than 90
days after January 1st or the date of that acquisition or transfer, whichever is earlier.
[1983, c. 396, § 1 (new).]
2. Contents of report. The report shall be in such form as the commissioner may require and shall contain:
A. The legal name and address of the corporation or partnership filing and type of legal entity;
[1983, c. 396, § 1 (new).]
B. The nature of the interest in agricultural land which that corporation or partnership has acquired or transferred and the
date of that activity;
[1983, c. 396, § 1 (new).]
C. The legal description and acreage of the agricultural land;
[1983, c. 396, § 1 (new).]
D. The use of the agricultural land at the date of acquisition or transfer and the use to which the land shall be put by the
person acquiring it;
[1983, c. 396, § 1 (new).]
E. The appraised value of the agricultural land and the consideration given;
[1983, c. 396, § 1 (new).]
F. The name, address and type of legal entity of the person from whom acquired or to whom transferred; and
[1983, c. 396, § 1 (new).]
G. Such other information as the commissioner may require by regulation adopted in a manner consistent with the Maine Administrative
Procedure Act, Title 5, chapter 375.
[1983, c. 396, § 1 (new).]
[1983, c. 396, § 1 (new).]
3. AFIDA report. A corporation or partnership may fulfill the reporting requirement of this section by submitting a copy of its federal AFIDA
report.
[1983, c. 396, § 1 (new).]
Section History:
PL 1983,
Ch. 396,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §34. Exemptions
Title 7: AGRICULTURE AND ANIMALS Part 1: ADMINISTRATION Chapter 2: INTEREST IN AGRICULTURAL LAND (HEADING: PL 1983, c. 396, @1 (new)) §34. Exemptions
1. Family farm corporation or partnership. A family farm corporation or farm partnership as defined in section 32 shall not be required to comply with the reporting
requirements in section 33.
[1983, c. 396, §1 (new).]
2. Ten-acre exemption. A corporation or partnership owning less than 10 acres of land, which is the subject of a single acquisition or transfer,
is not required to comply with the reporting requirements in section 33.
[1983, c. 396, § 1 (new).]
Section History:
PL 1983,
Ch. 396,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §35. Regulations
Title 7: AGRICULTURE AND ANIMALS Part 1: ADMINISTRATION Chapter 2: INTEREST IN AGRICULTURAL LAND (HEADING: PL 1983, c. 396, @1 (new)) §35. Regulations
The commissioner may prescribe regulations in a manner consistent with the Maine Administrative Procedure Act, Title 5, chapter
375, for carrying out the purposes of this chapter.
[1983, c. 396, § 1 (new).]
Section History:
PL 1983,
Ch. 396,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §36. Penalties
Title 7: AGRICULTURE AND ANIMALS Part 1: ADMINISTRATION Chapter 2: INTEREST IN AGRICULTURAL LAND (HEADING: PL 1983, c. 396, @1 (new)) §36. Penalties
1. Violation. Any corporation or partnership subject to this chapter which violates this law or the regulations adopted thereunder or
which submits a report which contains information that is false or misleading shall be subject to a civil penalty, payable
to the State, of not more than $50 for each day of the violation.
[1983, c. 396, § 1 (new).]
2. Warning. A corporation or partnership subject to this chapter which does not comply with the law in a timely fashion shall first
receive a written warning from the Department of Agriculture, Food and Rural Resources which will require presentation of
the information within 30 days. After the 30-day notice period is expired, penalties described in subsection 1 shall be imposed.
[1983, c. 396, § 1 (new).]
Section History:
PL 1983,
Ch. 396,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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