Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1680 3
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By: Representatives Vaught, Achor, Andrews, Barker, Beaty Jr., Beck, Bentley, S. Berry, Breaux, 5
Brooks, K. Brown, M. Brown, N. Burkes, R. Burkes, Joey Carr, John Carr, Cavenaugh, Childress, C. 6
Cooper, Cozart, Crawford, Eaton, Evans, Furman, Gazaway, Gramlich, Hall, Hawk, Hollowell, L. 7
Johnson, Long, Lundstrum, Lynch, Maddox, McAlindon, McClure, M. McElroy, McGrew, B. McKenzie, 8
McNair, Milligan, J. Moore, Nazarenko, Painter, Pearce, Perry, Pilkington, Puryear, Ray, R. Scott 9
Richardson, Richmond, Rose, Rye, Schulz, M. Shepherd, Steimel, Torres, Tosh, Underwood, Unger, 10
Walker, Wing, Wooten 11
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For An Act To Be Entitled 14
AN ACT TO AMEND THE LAW CONCERNING OWNERSHIP OF REAL 15
PROPERTY AND AGRICULTURAL LAND; TO PROHIBIT A 16
FOREIGN-PARTY-CONTROLLED BUSINESS FROM LEASING AN 17
INTEREST IN LAND; TO DEFINE "CRITICAL INFRASTRUCTURE" 18
AS USED IN RELATION TO FOREIGN OWNERSHIP OF LAND; TO 19
PROHIBIT A PROHIBITED FOREIGN PARTY FROM HOLDING AN 20
INTEREST IN REAL PROPERTY OR AGRICULTURAL LAND IN 21
CERTAIN CIRCUMSTANCES; AND FOR OTHER PURPOSES. 22
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Subtitle 25
TO PREVENT A FOREIGN -PARTY-CONTROLLED 26
BUSINESS FROM LEASING LAND; AND TO 27
PROHIBIT A PROHIBITED FOREIGN PARTY FROM 28
HOLDING AN INTEREST IN REAL PROPERTY OR 29
AGRICULTURAL LAND IN CERTAIN 30
CIRCUMSTANCES. 31
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 33
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SECTION 1. Arkansas Code § 18 -11-110(a)—(c), prohibitions on land 35
ownership by a prohibited foreign -party-controlled business, are amended to 36 HB1680
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read as follows: 1
(a) As used in this section: 2
(1) “Controlling interest” means an ownership interest of fifty 3
percent (50%) or more, in the aggregate; 4
(2)(A) "Critical infrastructure" means physical or virtual 5
systems and assets that: 6
(i) If incapacitated or destroyed would have a 7
debilitating impact on security, national economic security, public health or 8
safety, or any combination of security, national economic security, or public 9
health and safety; and 10
(ii) Are publicly or privately owned. 11
(B) "Critical infrastructure" includes without limitation: 12
(i) A military installation or facility; 13
(ii) An emergency service; 14
(iii) A power generation or transmission location; 15
(iv) A utility; 16
(v) A bridge; 17
(vi) A tunnel; 18
(vii) A railway; 19
(viii) A dam; 20
(ix) A cybersecurity or classified information 21
storage system; and 22
(x) A communication or information technology node 23
or facility; 24
(3) “Prohibited foreign party” means the same as in § 18 -11-802; 25
and 26
(3)(4) “Prohibited foreign-party-controlled business” means a 27
corporation, company, association, firm, partnership, society, joint -stock 28
company, trust, estate, or other legal entity whose controlling interest is 29
owned by a prohibited foreign party. 30
(b)(1) A prohibited foreign -party-controlled business shall not 31
acquire by grant, purchase, lease, devise, descent, or otherwise any interest 32
in public or private land in this state. 33
(2) A party may not hold or retain public or private land as an 34
agent, trustee, or other fiduciary for a prohibited foreign -party-controlled 35
business in violation of this section. 36 HB1680
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(3) A prohibited foreign -party-controlled business shall not 1
lease any interest in land in this state. 2
(4) A prohibited foreign party shall not hold any interest in 3
agricultural land located within a ten -mile radius of critical 4
infrastructure. 5
(c)(1) A prohibited foreign -party-controlled business entity in 6
violation of this section shall have two (2) years one (1) year to divest of 7
the public or private land. 8
(2) If a prohibited foreign -party-controlled business entity 9
does not divest the public or private land as required by subdivision (c)(1) 10
of this section, the Attorney General shall commence an action in the circuit 11
court within the jurisdiction of the public or private land. 12
(3)(A) If the public or private land is held in violation of 13
this section, the circuit court shall order that the public or private land 14
be sold through judicial foreclosure. 15
(B) Proceeds of the sale shall be first disbursed to lien 16
holders, if any, in the order of priority, except for liens which under the 17
terms of the sale are to remain on the public or private land. 18
(4) The Attorney General shall promptly record a copy of the 19
following in the local land records: 20
(A) Upon commencement, notice of the pendency of an action 21
brought under subdivision (c)(2) of this section; and 22
(B) The order for the sale of the public or private land 23
under subdivision (c)(3)(A) of this section. 24
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SECTION 2. Arkansas Code § 18 -11-802 is amended to read as follows: 26
18-11-802. Definitions. 27
As used in this subchapter: 28
(1)(A) “Agricultural land” means any Arkansas land which that is 29
outside the corporate limits of a municipality and is : 30
(i) Used for forestry production, including without 31
limitation land exceeding ten (10) acres in which ten percent (10%) of the 32
land is stocked by trees of any size, including land that formerly had trees 33
of any size covering the land that will be naturally or artificially 34
regenerated; or 35
(ii) Currently used for, or, if currently idle, land 36 HB1680
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last used within the past five (5) years, for farming, ranching, or timber 1
production, except land not exceeding ten (10) acres in the aggregate, if the 2
annual gross receipts from the sale of the farm, ranch, or timber products 3
produced on the land do not exceed one thousand dollars ($1,000), including 4
without limitation land used for activities described in the Standard 5
Industrial Classification Manual (1987), Division A, exclusive of industry 6
numbers 0711-0783, 0851, and 0912 -0919 which cover animal trapping, game 7
management, hunting carried on as a business enterprise, trapping carried on 8
as a business enterprise, and wildlife management. 9
(B) “Agricultural land” does not include oil, gas, and all 10
other minerals, including coal, lignite, brine, and all minerals known and 11
recognized as commercial minerals underlying the land; 12
(2)(A) "Critical infrastructure" means physical or virtual 13
systems and assets that: 14
(i) If incapacitated or destroyed would have a 15
debilitating impact on security, national economic security, public health or 16
safety, or any combination of security, national economic security, or public 17
health and safety; and 18
(ii) Are publicly or privately owned. 19
(B) "Critical infrastructure" includes without limitation: 20
(i) A military installation or facility; 21
(ii) An emergency service; 22
(iii) A power generation or transmission location; 23
(iv) A utility; 24
(v) A bridge; 25
(vi) A tunnel; 26
(vii) A railway; 27
(viii) A dam; 28
(ix) A cybersecurity or classified information 29
storage system; and 30
(x) A communication or information technology node 31
or facility; 32
(3) “Foreign government” means the same as provided by § 2 -3-33
102; 34
(3)(4) “Interest in agricultural land” means all direct interest 35
acquired, transferred, or held in agricultural land, including without 36 HB1680
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limitation a lease of agricultural land : 1
(A) For a term of one (1) year or longer; or 2
(B) Renewable by option for terms which, if the options 3
were all exercised, would total one (1) year ; 4
(4)(5) “Party” means the same as provided by § 2 -3-102; 5
(5)(6) “Prohibited foreign party” means: 6
(A) A citizen or resident of a country subject to 7
International Traffic in Arms Regulations, 22 C.F.R. § 126.1; 8
(B) A foreign government formed within a country subject 9
to International Traffic in Arms Regulations, 22 C.F.R. § 126.1; 10
(C) A party or entity other than an individual or a 11
government, that is created or organized under the laws of a foreign 12
government within a country subject to International Traffic in Arms 13
Regulations, 22 C.F.R. § 126.1; 14
(D) Any party or entity other than an individual or a 15
government: 16
(i) That is created or organized under the laws of 17
any state; and 18
(ii) In which a significant interest or substantial 19
control is directly or indirectly held or is capable of being exercised by: 20
(a) An individual referred to in subdivision 21
(5)(A) (6)(A) of this section; 22
(b) A foreign government referred to in 23
subdivision (5)(B) (6)(B) of this section; 24
(c) A party or entity referred to in 25
subdivision (5)(C) (6)(C) of this section; or 26
(d) A combination of the individuals, parties, 27
entities, or governments referred to in this subdivision (5)(D)(ii) 28
(6)(D)(ii); 29
(E) An Entity of Particular Concern designated by the 30
United States Department of State; or 31
(F) An agent, trustee, or other fiduciary of a person or 32
entity enumerated in subdivisions (5)(A)-(E) (6)(A)-(E) of this section; 33
(6)(7) “Residence” means a person's principal dwelling place 34
where the person intends to remain permanently for an indefinite period of 35
time; 36 HB1680
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(7)(8) “Resident alien” means a person who: 1
(A) Is not a citizen of the United States; and 2
(B) Is a resident of a: 3
(i) State of the United States; 4
(ii) Territory of the United States; 5
(iii) Trusteeship of the United States; or 6
(iv) Protectorate of the United States; and 7
(8)(9) “Significant interest” or “substantial control” means: 8
(A) An interest of thirty -three percent (33%) or more held 9
by: 10
(i) A party referred to in subdivision (5)(D) (6)(D) 11
of this section; 12
(ii) An individual referred to in subdivision (5)(A) 13
(6)(A) of this section; 14
(iii) A party referred to in subdivision (5)(C) 15
(6)(C) of this section; or 16
(iv) A single government referred to in subdivision 17
(5)(B) (6)(B) of this section; or 18
(v) A party acting in concert with one (1) or more 19
prohibited foreign parties; 20
(B) An interest of thirty -three percent (33%) or more held 21
whenever the parties, individuals, or governments referred to in subdivision 22
(5) (6) of this section are acting in concert with respect to the interest 23
even though no single individual, party, or government holds an interest of 24
thirty-three percent (33%) or more; or 25
(C) An interest of fifty percent (50%) or more, in the 26
aggregate, held by parties, individuals, or governments referred to in 27
subdivision (5) (6) of this section even though the individuals, parties, or 28
foreign governments may not be acting in concert. 29
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SECTION 3. Arkansas Code § 18 -11-803 is amended to read as follows: 31
18-11-803. Limitations on owning agricultural land — Violation. 32
(a)(1) Except as provided in § 18 -11-804, a prohibited foreign party 33
shall not acquire by grant, purchase, lease, devise, descent, or otherwise 34
any interest in agricultural land in this state regardless of whether the 35
prohibited foreign party intends to use the agricultural land for nonfarming 36 HB1680
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purposes. 1
(2) A party may not hold agricultural land as an agent, trustee, 2
or other fiduciary for a prohibited foreign party in violation of this 3
subchapter. 4
(3) A prohibited foreign party shall not hold any interest in 5
agricultural land located within a ten -mile radius of critical 6
infrastructure. 7
(b) A prohibited foreign party that acquires agricultural land in 8
violation of this subchapter remains in violation as long as the prohibited 9
foreign party holds an interest in the agricultural land. 10
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SECTION 4. Arkansas Code § 18 -11-804(b)(1), concerning an interest in 12
agricultural land owned by a prohibited foreign party, is amended to read as 13
follows: 14
(b)(1) If a prohibited foreign party is no longer a resident alien 15
under subsection (a) of this section, he or she shall have two (2) years one 16
(1) year to divest of the agricultural land. 17
18
SECTION 5. Arkansas Code § 18 -11-804(e), concerning an interest in 19
agricultural land owned by a prohibited foreign party, is amended to read as 20
follows: 21
(e) A prohibited foreign party or other party acting in concert with a 22
prohibited foreign party as an agent, trustee, or other fiduciary owning 23
agricultural land subsequent to the passage of this subchapter and not listed 24
under one (1) of the exceptions set out in subsections (a) and (b) of this 25
section shall upon conviction be guilty of a felony punishable by not more 26
than two (2) years' imprisonment in the custody of the Division of Correction 27
or a fine of fifteen thousand dollars ($15,000), or both. 28
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