Modifies provisions relating to foreign ownership of agricultural land

This act modifies the definition of "foreign business" to include professional corporations, nonprofit corporations, limited liability companies, or the equivalent of any entity listed in current law, in which a controlling interest is owned or organized under the laws of a foreign country, or both.

Currently, no more than 1% of the total agricultural acreage in the state shall be owned by a foreign entity.

Under the act, beginning on the effective date of the act, no alien, foreign business, or a foreign government shall acquire agricultural land in the state, including for nonfarming purposes. Any such foreign entity who acquired agricultural land in the state prior to the effective date of the act shall not transfer agricultural land to any other foreign entity on or after the effective date of the act.

No person may hold agricultural land as a fiduciary for a foreign government.

A foreign entity that acquired agricultural land in violation of the provisions of the act remains in violation of the act for as long as the foreign entity holds an interest in the agricultural land.

After the effective date of the act, all proposed transfers of any interest in agricultural land held by a foreign entity in the state shall be submitted to the Department of Agriculture at least 30 calendar days prior to such transfers being finalized to determine whether such transfers, or if land usage changes, are conveyed in accordance with the prohibition on foreign ownership of agricultural land in the state. Such sale or transfer submitted for review to the Department shall be deemed a closed record until such sale is finalized.

If the Director of the Department of Agriculture finds that a foreign entity has acquired agricultural land after the effective date of the act, instead of pursuant to the provisions under current law, the Director shall report such violation to the Attorney General.

This act creates a definition of "nonfarming" with respect to the current provisions regarding foreign-owned agricultural land being used for nonfarming purposes. Beginning on the effective date of this act, no foreign adversary, as defined in the act, shall own agricultural land in the state for nonfarming purposes, which includes research purposes.

Under the act, after the effective date of the act, an alien, foreign business, or foreign government shall not acquire agricultural land in the state for any purpose within 5 miles from any military installation or commercial establishment engaged in the development and manufacture of classified military or naval equipment.

Any foreign entity under the act who acquired agricultural land in the state, prior to the effective date of the act, that is within 5 miles from any such military or commercial establishment shall divest itself of the agricultural land.

The Attorney General shall enforce provisions of the act. Any individual may report violations of the act to the Attorney General. If the Attorney General believes that a violation occurred, the Attorney General shall commence a civil action.

The Attorney General shall file a notice of the pendency of the action with the recorder of deeds of each county where any portion of agricultural land at issue is located.

If the court finds that a violation occurred, the court shall enter an order so declaring and shall file a copy of the order with the recorder of deeds of each county where agricultural land at issue is located. The court shall order the owner of the agricultural land to divest himself of the agricultural land. The owner shall comply with the order within three years. Any agricultural land not divested within the three years period shall be ordered sold by the court at a public sale.

This act has an emergency clause.

This act is similar to 885 (2026), provisions in SCS/SB 217 (2025), SB 250 (2025), HB 725 (2025), SB 806 (2024), provisions in SB 865 (2024), a provision in HCS/HB 1957 (2024), CCS/SS/SCS/HCS/HBs 903, 465, 430 & 499 (2023). JULIA SHEVELEVA