HB379ENROLLED
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LO4EAA-3
By Representatives Stadthagen, Kiel, Shedd, Wood (D), DuBose,
Butler, Hammett, Robertson, Whorton, Rehm, Pettus, Marques,
Lee, Stringer, Oliver, Hurst, Lipscomb, Paschal, Hulsey,
Brown, Mooney, Lamb, Gidley, Kirkland, Carns, Standridge
RFD: Urban and Rural Development
First Read: 25-Apr-23
2023 Regular Session
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Enrolled, An Act,
Relating to acquisition of title to real property; to
amend Section 35-1-1, Code of Alabama 1975, to prohibit
certain governments or governmental entities from acquiring
certain real property in the state.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall be known and may be cited as
the Alabama Property Protection Act.
Section 2. For purposes of this section, the following
words have the following meanings:
(1) AGRICULTURAL AND FOREST PROPERTY. All real property
used for raising, harvesting, and selling crops or for the
feeding, breeding, management, raising, sale of, or the
production of livestock, or for the growing and sale of timber
and forest products.
(2) CRITICAL INFRASTRUCTURE FACILITY. Any of the
following:
a. A chemical manufacturing facility.
b. A refinery.
c. A plant or facility producing electric energy no
matter how generated or produced.
d. A water treatment facility or wastewater treatment
plant.
e. A liquid natural gas terminal.
f. A telecommunications central switching office.
g. A gas processing plant, including any plant used in
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the processing, treatment, or fractionation of natural gas.
h. A seaport facility as defined in Section 40-13-1,
Code of Alabama 1975.
i. Aerospace or spaceport infrastructure.
j. An airport as defined in Section 23-1-411, Code of
Alabama 1975.
(3) FOREIGN COUNTRY OF CONCERN. China, Iran, North
Korea, and Russia. This term shall not include Taiwan.
(4) FOREIGN PRINCIPAL. Any of the following:
a. The government or any official of the government of
a foreign country of concern.
b. A political party or member of a political party or
any subdivision of a political party in a foreign country of
concern.
c. A country or government identified on any sanctions
list of the United State Department of the Treasury's Office
of Foreign Assets Control.
(5) MILITARY INSTALLATION. A base, camp, post, station,
yard, or center that is under the jurisdiction of the
Department of Defense or its affiliates, encompassing at least
10 contiguous acres.
(6) REAL PROPERTY. Land, buildings, fixtures, and all
other improvements to land.
Section 3. (a) Notwithstanding any other law, no
foreign principal shall acquire title to, or acquire a
controlling interest in, any of the following:
(1) Agricultural and forest property.
(2) Real property on or within 10 miles of any military
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installation or critical infrastructure facility.
(b) Subsection (a) shall apply only to the purchase of
or other acquisition of title to real property on or after the
effective date of this act. The purchase of or other
acquisition of title to real property prior to the effective
date of this act is governed by the law in effect immediately
prior to the effective date of this act, and that law is
continued in effect for that purpose.
(c) No title insurer, title agent, real estate
licensee, or other settlement provider as defined by the Real
Estate Procedures Act, 12 U.S.C. 2601 et seq., shall be liable
for any violation of Section 4(a).
Section 4. This act shall become effective on the first
day of the third month following its passage and approval by
the Governor, or its otherwise becoming law.
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________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 09-May-23, as amended.
John Treadwell
Clerk
Senate 18-May-23 Passed
House 23-May-23 Concurred in
Senate Amendment
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