Legal Opinion · Dissent

HL Farm Corp. v. Self

Texas Court of Appeals, 5th District (Dallas)

Decided October 18, 1991No. 05-90-01390-CVPublished

1DissentEnoch, Chief Justice

Preservation of the “family farm” is not the purpose of article VIII, section 1-d-l of the Texas Constitution. Contrary to the assertion of the majority, Gragg states:

The provision also has the salutary purpose of encouraging not only that agricultural and ranch land be continued in production but that farmers and ranchers remain in the business of such production.1

*377Moreover, section 28.56 of the Texas Tax Code does not deny the tax benefits of agricultural use to domestic corporations,2 It is agricultural production — the business of farming and ranching, that is encouraged, not family…

2Cases cited5 opinions

  1. Allied Stores of Ohio, Inc. v. BowersSupreme Court of the United States · 1959
  2. Western & Southern Life Ins. Co. v. State Bd. of Equalization of Cal.Supreme Court of the United States · 1981
  3. Metropolitan Life Insurance v. WardSupreme Court of the United States · 1985
  4. Gragg v. Cayuga Independent School DistrictTexas Supreme Court · 1976
  5. State Ex Rel. Cartwright v. Hillcrest Investments, Ltd.Supreme Court of Oklahoma · 1981

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