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General Assembly Substitute Bill No. 6735
January Session, 2025
AN ACT PROHIBITING THE OWNERSHIP, POSSESSION OR
ACQUISITION OF INTERESTS IN REAL PROPERTY UPON OR
ABUTTING MILITARY INSTALLATIONS OR AGRICULTURAL LANDS
BY CERTAIN FOREIGN ENTITIES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2025) (a) As used in this section: 1
(1) "Agricultural land" has the same meaning as provided in section 2
22-26bb of the general statutes; 3
(2) "Foreign country of concern" means the People's Republic of 4
China or the Russian Federation, including any agency thereof or any 5
other entity of significant control thereof; 6
(3) "Foreign principal" means (A) the government or any official of 7
the government of a foreign country of concern, (B) a political party or 8
member of a political party, or any subdivision of a political party, of a 9
foreign country of concern, (C) (i) a partnership, association, 10
corporation, organization or other combination of other persons 11
organized under the laws of, or having its principal place of business in, 12
a foreign country of concern, or (ii) a subsidiary of any entity described 13
in subparagraph (C)(i) of this subdivision, or (D) a person who is 14
domiciled in a foreign country of concern and is not a citizen or lawful 15
permanent resident of the United States; and 16 Substitute Bill No. 6735
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(4) "Military installation" means any military building, structure, 17
parcel of land or training site owned, leased or controlled by the federal 18
or state government. 19
(b) (1) A foreign principal shall not (A) directly or indirectly own, (B) 20
possess a controlling interest in, or (C) acquire by purchase, grant or 21
devise, any interest in real property that is upon or that abuts any 22
military installation or agricultural land in this state. 23
(2) A buyer of an interest in real property that abuts any military 24
installation or agricultural land in this state shall (A) at the time of 25
purchase, sign an affidavit under penalty of perjury attesting that (i) 26
such buyer is not a foreign principal, and (ii) such purchase is not in 27
violation of the provisions of subdivision (1) of this subsection, and (B) 28
not later than one business day after such purchase, file such affidavit 29
with the Adjutant General. The failure of the buyer or seller of such 30
interest in real property to retain a copy of such affidavit shall not affect 31
the title, or the insurability of the title, of such interest or subject any 32
closing agent for such buyer or seller to civil liability, unless any closing 33
attorney for such buyer or seller has actual knowledge that such 34
purchase is in violation of the provisions of subdivision (1) of this 35
subsection. 36
(c) If a foreign principal is a prospective buyer of an interest in real 37
property that is within a three-mile radius of any military installation in 38
this state, such foreign principal shall give notice of such foreign 39
principal's intent to buy such interest to the Adjutant General not later 40
than thirty days prior to such prospective purchase and in a form and 41
manner prescribed by the Adjutant General. Immediately upon receipt 42
of such notice, the Adjutant General shall review such prospective 43
purchase as it relates to the protection of public safety and security. Not 44
later than fifteen days after receipt of such notice, the Adjutant General 45
shall issue, in writing, to such prospective buyer and the Attorney 46
General the detailed findings of such review and a recommendation for 47
or against such prospective purchase. 48 Substitute Bill No. 6735
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(d) (1) (A) Any interest in real property owned, possessed or acquired 49
in violation of subdivision (1) of subsection (b) of this section shall be 50
subject to forfeiture in accordance with the provisions of this subsection. 51
(B) Any interest in real property the prospective purchase of which 52
the Adjutant General recommended against under subsection (c) of this 53
section may be subject to forfeiture in accordance with the provisions of 54
this subsection. 55
(2) The Attorney General is authorized to enforce the provisions of 56
this section by bringing a civil action in the superior court for the judicial 57
district in which an interest in real property described in subparagraph 58
(A) or (B) of subdivision (1) of this subsection, as applicable, is located 59
for the forfeiture of such interest. 60
(3) At any time during such forfeiture proceedings, the Attorney 61
General may seek from such superior court an ex parte order of seizure 62
of such interest in real property upon a showing that control of such 63
interest by the party against whom such civil action was brought 64
constitutes a clear and present danger to the state. 65
(4) If such superior court determines that (A) such interest in real 66
property is owned, possessed or acquired in violation of subdivision (1) 67
of subsection (b) of this section, or (B) the basis for the Adjutant 68
General's recommendation against the prospective purchase of such 69
interest in real property under subsection (c) of this section was 70
reasonable, the court shall enter a final judgment of forfeiture vesting 71
title to such interest in the state, subject only to the rights and interests 72
of bona fide lienholders. 73
(5) The Commissioner of Administrative Services on behalf of the 74
state may sell such interest in real property, subject to a final judgment 75
of forfeiture. Proceeds from such a sale shall be applied first to the 76
payment of each bona fide lienholder described in subdivision (4) of this 77
subsection that may exist, next to the payment of each outstanding fine 78
that may have been assessed by such superior court during such 79
forfeiture proceedings and then to the payment of the person or entity 80 Substitute Bill No. 6735
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who was divested of such interest in real property pursuant to this 81
subsection. 82
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2025 New section
Statement of Legislative Commissioners:
In Subsec. (b)(2), "sign an affidavit signed under" was changed to "sign
an affidavit under" for clarity.
VA Joint Favorable Subst.