Compiled by Micah Brown, Staff Attorney, and Nick Spellman, Research Fellow
Foreign ownership of agricultural land in the United States has been an ongoing issue since the country's inception. However, state laws regarding this matter vary greatly, lacking a standardized approach. In this article, we will provide a comprehensive compilation of state statutory prohibitions on foreign ownership of agricultural land, reporting requirements, and corporate farming restrictions. While some states restrict the ownership of agricultural land specifically, others allow limited ownership of non-agricultural land as well. Please note, this compilation does not include restrictions on foreign ownership of public lands.
The Patchwork of State Laws
In certain states, foreign individuals and entities have the same property rights as citizens. However, in others, foreign ownership of agricultural land is either completely prohibited or significantly limited within state boundaries. Approximately twenty-four states specifically forbid or limit nonresident aliens, foreign businesses and corporations, and foreign governments from acquiring or owning agricultural land. Some states, like Georgia, Maryland, and New Jersey, have statutes that permit foreign individuals to purchase or hold real estate, but under certain conditions. Although these laws do not strictly prohibit foreign ownership, they can be interpreted as restrictions on unauthorized foreign investments.
Reporting Requirements and Disclosures
Additionally, some states require foreign individuals and entities to report their purchase or ownership of farmland within the state. These state reporting statutes often align with the federal reporting law under the Agricultural Foreign Investment Disclosure Act.
Understanding the Limitations
It is important to note that state and federal courts, including the United States Supreme Court, interpret and continue to interpret these statutes. This compilation does not include case annotations, which are essential for a thorough understanding of each statute. Therefore, these charts serve as educational tools and research aids, and should not replace individual legal advice. Moreover, it is crucial to acknowledge that these laws are subject to significant changes.
A Guide to State Laws on Agricultural Land Ownership
For each state, the relevant constitutional and statutory provisions are listed, along with details on prohibitions, permissions, reporting requirements, and corporate farming restrictions. Please refer to the original article for detailed information on each state.
Note: The chart and information in the original article were last updated on November 30, 2023.
Image Source: sanaulac.vn
Conclusion
State laws regarding foreign ownership of agricultural land in the United States exhibit a diverse landscape. While some states strictly prohibit or limit nonresident aliens and foreign entities from acquiring or owning agricultural land, others provide certain permissions under specific circumstances. It is important to stay informed about the statutes relevant to each state, as interpretations and changes can have significant implications. Remember to consult legal professionals for thorough guidance on individual cases.
Disclaimer: This article serves as an educational tool and research aid, and not as a substitute for individual legal advice.