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Arkansas House Bill HB1479

Arkansas 2023 Regular Session

Arkansas House Bill HB1479 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
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4-State of Arkansas As Engrossed: H3/9/23 1
4+State of Arkansas 1
55 94th General Assembly A Bill 2
66 Regular Session, 2023 HOUSE BILL 1479 3
77 4
88 By: Representatives Puryear, Andrews, Eubanks, Ladyman, Lundstrum, McClure, McGrew, K. Moore, 5
99 Milligan, Painter, Ray, R. Scott Richardson, Rye, Schulz, Steimel, Underwood, Unger, Vaught, Burkes, 6
10-Cozart, Duffield, Bentley, Breaux, M. Brown, John Carr, Joey Carr, C. Cooper, Evans, Haak, Hollowell, 7
11-J. Mayberry, McAlindon, G. Hodges 8
12-By: Senator J. Petty 9
13- 10
14-For An Act To Be Entitled 11
15-AN ACT REGARDING REA L PROPERTY; TO PROHI BIT THE 12
16-PURCHASE OF OR ACQUI SITION OF TITLE TO C ERTAIN REAL 13
17-PROPERTY BY CERTAIN AL IENS OR FOREIGN ENTI TIES; AND 14
18-FOR OTHER PURPOSES. 15
10+Cozart, Duffield 7
11+By: Senator J. Petty 8
12+ 9
13+For An Act To Be Entitled 10
14+AN ACT REGARDING REA L PROPERTY; TO PROHI BIT THE 11
15+PURCHASE OF OR ACQUI SITION OF TITLE TO C ERTAIN REAL 12
16+PROPERTY BY CERTAIN ALIENS OR FOREIGN EN TITIES; AND 13
17+FOR OTHER PURPOSES. 14
18+ 15
1919 16
20- 17
21-Subtitle 18
22-TO PROHIBIT THE PURCHASE OF OR 19
23-ACQUISITION OF TITLE TO AGRICULTURAL LAND 20
24-BY A GOVERNMENTAL ENTITY OF THE PEOPLE'S 21
25-REPUBLIC OF CHINA OR CERTAIN ENTITIES 22
26-CONNECTED WITH THE P EOPLE'S REPUBLIC OF 23
27-CHINA. 24
20+Subtitle 17
21+TO PROHIBIT THE PURCHASE OF OR 18
22+ACQUISITION OF TITLE TO AGRICULTURAL LA ND 19
23+BY A GOVERNMENTAL ENTITY OF THE PEOPLE'S 20
24+REPUBLIC OF CHINA OR CERTAIN ENTITIES 21
25+CONNECTED WITH THE PEOPLE'S REPUBLIC OF 22
26+CHINA. 23
27+ 24
2828 25
29- 26
30-BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 27
31- 28
32- SECTION 1. Arkansas Code § 18 -11-101(a), concerning the capacity of 29
33-aliens to take and transfer lands, is amended to read as follows: 30
34- (a) All Except as provided in § 18-11-110, all aliens shall be capable 31
35-of taking, by deed or will, lands and tenements in fee simple, or other less 32
36-estate, and of holding, aliening, and devising them. 33
37- 34
38- SECTION 2. Arkansas Code Title 18, Chapter 11, Subchapter 1, is 35
39-amended to add an additional section to read as follows: 36 As Engrossed: H3/9/23 HB1479
29+BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 26
30+ 27
31+ SECTION 1. Arkansas Code § 18 -11-101(a), concerning the capacity of 28
32+aliens to take and transfer lands, is amended to read as follows: 29
33+ (a) All Except as provided in § 18 -11-110, all aliens shall be capable 30
34+of taking, by deed or will, lands and tenements in fee simple, or other less 31
35+estate, and of holding, aliening, and devising them. 32
36+ 33
37+ SECTION 2. Arkansas Code Title 18, Chapter 11, Subchapter 1, is 34
38+amended to add an additional section to read as follows: 35
39+ 18-11-110. Purchase of or acquisition of title to certain property by 36 HB1479
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44- 18-11-110. Purchase of or acquisition of title to certain property by 1
45-certain foreign individuals or entities prohibited. 2
46- (a) Notwithstanding any other law, the following may not purchase or 3
47-acquire title to agricultural land in this state: 4
48- (1) A governmental entity of the People's Republic of China; or 5
49- (2) A company or other entity: 6
50- (A) That is headquartered in the People's Republic of 7
51-China; or 8
52- (B) That is directly or indirectly held or controlled by 9
53-the government of the People's Republic of China. 10
54- (b) This section applies only to the purchase of or other acquisition 11
55-of title to agricultural land on or after the effective date of this act. 12
56- (c) A transfer of an interest in agricult ural land in violation of 13
57-this section is subject to divestiture as provided in this section. 14
58- (d) Upon request of a person or upon receipt of information that leads 15
59-the Attorney General to believe that a violation of this section may exist, 16
60-the Attorney General may issue subpoenas requiring the: 17
61- (1) Appearance of witnesses; 18
62- (2) Production of relevant records; and 19
63- (3) Giving of relevant testimony. 20
64- (e)(1) If as a result of the investigation under subsection (d) of 21
65-this section the Attorney Gen eral concludes that a violation of this section 22
66-has occurred, the Attorney General shall order the individual or entity 23
67-described in subsection (a) of this section to divest itself of all interest 24
68-in the agricultural land within ninety (90) days. 25
69- (2) If the individual or entity described in subsection (a) of 26
70-this section fails to divest itself of all interests, or if an interest 27
71-holder timely objects to the order of divestiture, the Attorney General shall 28
72-commence an action in circuit court within the ju risdiction of the 29
73-agricultural land. 30
74- (3)(A) Except in the case of dismissal, the circuit court shall 31
75-order that the agricultural land to be sold through judicial foreclosure. 32
76- (B) Proceeds of the sale shall be disbursed to lien 33
77-holders, in the order of priority, except for liens which under the terms of 34
78-the sale are to remain on the agricultural land. 35
79- (f) Title to agricultural land is not invalid or subject to 36 As Engrossed: H3/9/23 HB1479
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83-
84-divestiture due to a violation of this section by: 1
85- (1) Any former owner; or 2
86- (2) Other person holding or owning a former interest in the 3
87-agricultural land. 4
88- (g) A person not subject to this section is not required to determine 5
89-or inquire into whether another person is or may be subject to this section. 6
90- (h) The Attorney General shall p romptly record a copy of the following 7
91-in the local land records: 8
92- (1) Upon commencement, notice of the pendency of an action 9
93-brought under subdivision (e)(2); and 10
94- (2) The order for the sale of the agricultural land under 11
95-subdivision (e)(3)(A) of this section. 12
44+certain foreign individuals or entities prohibited. 1
45+ (a) Notwithstanding any other law, the following may not purchase or 2
46+acquire title to agricultural land in this state: 3
47+ (1) A governmental entity of the People's Republic of China; or 4
48+ (2) A company or other entity: 5
49+ (A) That is headquartered in the People's Republic of 6
50+China; or 7
51+ (B) That is directly or indirectly held or controlled by 8
52+the government of the People's Republic of China. 9
53+ (b) This section applies only to the purchase of or other acquisition 10
54+of title to agricultural land on or after the effective date of this act. 11
55+ 12
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97-/s/Puryear 14
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