Arkansas Senate Bill SB383

Arkansas 2023 Regular Session

• Introduced: 3/8/23
• Refer: 3/8/23
• Report Pass: 3/14/23
• Refer: 3/15/23
• Report Pass: 3/16/23
• Engrossed: 3/27/23
• Refer: 3/27/23
• Report Pass: 3/29/23
• Refer: 4/5/23
• Report Pass: 4/5/23
• Enrolled: 4/7/23
• Chaptered: 4/11/23
• Passed: 4/11/23

Caption

To Amend The Law Concerning Ownership And Possession Of Real Property.

Impact

If enacted, SB383 would significantly alter land ownership laws within Arkansas. It establishes clear prohibitions on both direct and fiduciary ownership of agricultural land by foreign entities. Penalties for violations include potential felony charges resulting in imprisonment or fines. Furthermore, the bill creates an Office of Agricultural Intelligence within the Department of Agriculture, tasked with enforcing these provisions and ensuring compliance. This could empower state authorities to better monitor and manage agricultural land usages in line with local interests.

Summary

Senate Bill 383 seeks to amend existing laws regarding the ownership and possession of real property in Arkansas, with a specific focus on foreign ownership of agricultural land. The bill prohibits foreign parties deemed 'prohibited' from acquiring agricultural land in the state. This includes entities that are controlled by foreign parties defined under international regulations. The primary aim of the bill is to protect local agricultural interests and maintain state sovereignty over land usage, particularly concerning national security implications related to foreign ownership.

Sentiment

The reception of SB383 in legislative discussions was largely supportive among its proponents, who argued it is a necessary measure to safeguard Arkansas' agricultural assets from potentially hostile foreign interests. However, there were concerns raised about the implications for foreign investment and the economic impact of such restrictions. Critics of the bill also cautioned that while intended to protect local interests, it may inadvertently stifle opportunities for beneficial foreign partnerships that could benefit local economies.

Contention

Notably, the bill includes provisions that allow resident aliens—foreign nationals living in the U.S.—to acquire agricultural land under the same terms as U.S. citizens. This point sparked debate about balancing national security interests with fair treatment towards legal foreign residents and the economic benefits they may bring. There are further discussions on defining what constitutes a 'prohibited foreign party,' which may influence the bill's implementation and future amendments.