California task force draft on farmland equity draws constitutional, property-rights scrutiny

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The California Agricultural Land Equity Task Force has released a draft report this summer outlining recommendations to change how farmland is bought, leased, and managed in the name of equity. Supporters say the ideas would expand opportunities for farmers from communities that have faced discrimination, while critics argue the proposals would amount to race-based preferences, intrude on private property rights, and invite constitutional challenges.

California’s agricultural sector, which supports an economy valued at about $61 billion and produces more than 75% of the nation’s fruits and nuts, is at the center of a heated policy debate following the release of the California Agricultural Land Equity Task Force’s draft report this summer, according to a recent opinion piece in The Daily Wire.

The draft report, as described by The Daily Wire, calls for state-backed measures to promote "equity" in access to agricultural land. The authors say the task force’s recommendations include tools such as below-market leases for certain producers, zoning changes that would favor designated "priority producers," and easement-related rules that they argue could reduce the value of some family-owned farmland.

Supporters of the task force’s work frame it as an attempt to address historic barriers faced by farmers from marginalized communities, including many farmers of color. The Daily Wire article contends that the recommendations rely heavily on race-conscious criteria in determining who might be favored in future land access, rather than on measures like productivity, stewardship, or financial need.

Critics quoted and paraphrased in the Daily Wire piece argue that race-conscious elements of the proposals could violate the Equal Protection Clause of the Fourteenth Amendment. They point to federal court rulings that struck down or halted similar efforts, such as the 2021 U.S. Department of Agriculture loan-forgiveness program for "socially disadvantaged" farmers and ranchers, which courts found unlawfully discriminated on the basis of race.

Opponents also warn of potential Fifth Amendment "takings" claims if new zoning or easement rules are found to significantly diminish land values without just compensation. They say such changes could spur years of litigation and increased costs for taxpayers.

The debate comes at a time when California’s farm base is already shrinking. Citing federal data, the Daily Wire article notes that between 2017 and 2022, the state lost 7,387 farms, a decline of roughly 10.5%. Analysts have attributed farm losses in part to water shortages, a complex regulatory landscape, and rising compliance costs for some growers over the past two decades.

The opinion piece further argues that California’s experience with the Sustainable Groundwater Management Act (SGMA), enacted in 2014, offers a warning about far‑reaching state intervention in agricultural resources. Critics blame SGMA for contributing to dry wells, fallowed fields, and significant economic losses in farm regions; the Daily Wire article cites estimates of about $7 billion in annual impacts to the farm economy linked to groundwater restrictions and related policies.

Supporters of private property rights note that farmers and ranchers already play a large role in conservation. The Daily Wire article points to research suggesting that roughly two‑thirds of endangered species habitat in the United States lies on private land, and that voluntary conservation programs have contributed to gains in soil health and biodiversity. They argue that displacing existing landowners in favor of politically defined "priority producers" would not necessarily improve environmental outcomes and could deepen social divisions in rural communities.

The Daily Wire commentary also draws a comparison between the task force’s equity‑focused approach and South Africa’s long‑running land redistribution efforts, asserting that a large share of redistributed farms there have struggled or failed, with consequences for food production and rural stability. Other analysts have offered more nuanced assessments of South Africa’s land policies, and comprehensive, up‑to‑date failure rates remain a matter of debate among researchers.

Backers of the task force say that without active measures, disparities rooted in decades of discrimination in lending, land ownership, and access to capital will persist. Civil rights advocates and some agricultural equity groups argue that a purely race‑neutral approach risks locking in those historic patterns.

Opponents counter that remedies must remain within constitutional limits. They maintain that policy should focus on equal treatment under the law rather than explicit racial classifications. In place of the task force’s more controversial ideas, the Daily Wire authors urge lawmakers to pursue race‑neutral steps such as simplifying regulations, expanding access to water and credit, and strengthening protections for private property to support all aspiring farmers.

The California Legislature is expected to face mounting pressure from both supporters and detractors as it reviews the task force’s draft recommendations and considers whether, and how, to translate them into legislation.

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