24 LC 44 2612
House Bill 1093
By: Representatives Clark of the 100
th
, Pirkle of the 169
th
, Blackmon of the 146
th
, Corbett of
the 174
th
, Bonner of the 73
rd
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general
1
provisions relative to agriculture, so as to prohibit the acquisition of possessory interest in2
certain land by certain foreign persons and entities; to provide for definitions; to provide for3
exceptions; to provide for civil actions; to provide for rules and regulations; to provide for4
disclosures; to provide for affidavits of compliance; to create provisions for enforcement by5
the Attorney General or appropriate district attorney; to provide for penalties; to provide for6
related matters; to repeal conflicting laws; and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions10
relative to agriculture, is amended by adding a new Code section to read as follows:11
"2-1-7.
12
(a) As used in this Code section, the term:13
(1) 'Agricultural land' means any land capable of use in the production of agricultural14
crops, timber, livestock or livestock products, poultry or poultry products, milk or dairy15
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products, or fruit or other horticultural products, but does not include any land zoned by16
a local governmental unit for a use other than and nonconforming with agricultural use.17
(2) 'Nonresident alien' means:18
(A) Any natural person described in subsection (a) of Code Section 1-2-11 who is not19
a United States citizen or legal resident, is a subject of a foreign government designated20
as a foreign adversary by the United States Secretary of Commerce, and:21
(i) Has been physically absent from the United States for more than six months out22
of any 12 month period; or23
(ii) Has been physically absent from Georgia for more than two months out of any 1224
month period;25
(B) A corporation, partnership, limited partnership, trustee, or other business entity that26
is:27
(i) Domiciled in a country whose government is designated as a foreign adversary by28
the United States Secretary of Commerce; or29
(ii) Domiciled within the United States, but the ownership of at least 25 percent of30
which is composed of any corporation, partnership, limited partnership, trustee, or31
other business entity that is domiciled in a country whose government is designated32
as a foreign adversary by the United States Secretary of Commerce;33
provided, however, that this subparagraph shall not include a corporation, partnership,34
limited partnership, trustee, or other business entity leasing land from its owner and35
using such land for agricultural research and development or experimental purposes,36
including testing, developing, or producing crop production inputs, including, but not37
limited to, seeds, plants, pesticides, soil amendments, biologicals, and fertilizers, for38
sale or resale to farmers; or39
(C) A foreign government designated as a foreign adversary by the United States40
Secretary of Commerce.41
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(3) 'Residential property' means single-family and two-family, three-family, and42
four-family residential real estate.43
(b)(1) Except as provided by subsections (c) and (d) of this Code section, no nonresident44
alien shall acquire directly or indirectly any possessory interest in agricultural land or45
land within a ten mile radius of any critical infrastructure facility, military base, military46
installation, or military airport.47
(2) This subsection shall not apply to residential property.48
(c)(1)(A) A nonresident alien may acquire a possessory interest in agricultural land by49
devise or inheritance, as security for indebtedness, in the collection of debts, or by any50
procedure for the enforcement of a lien or claim thereon, whether created by mortgage51
or otherwise.52
(B) Any such possessory interest in agricultural land acquired by a nonresident alien53
in the collection of debts or by any procedure for the enforcement of a lien or claim54
thereon shall be disposed of within two years after acquiring such possessory interest.55
(C) Any such possessory interest in agricultural land acquired by a nonresident alien56
by devise or inheritance shall be disposed of within one year after acquiring such57
possessory interest.58
(2) A nonresident alien with any possessory interest in agricultural land as of59
June 30, 2024, shall dispose of such possessory interest no later than June 30, 2027.60
(d) A nonresident alien that acquires a possessory interest in agricultural land pursuant to61
subsection (c) of this Code section may avoid disposing of such interest if, within the time62
required for disposal, such nonresident alien terminates said nonresident alien status.63
(e) A broker who is engaged by client who is a prospective buyer or seller of a possessory64
interest in agricultural land shall timely disclose to said client the requirements and65
limitations of this Code section. For purposes of this subsection, the terms 'broker,' 'client,'66
and 'timely' shall have the same meanings as provided in Code Section 10-6A-3.67
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(f) A nonresident alien that purports to acquire any interest in agricultural land in violation68
of this Code section shall be barred from making any claim against any party for restitution69
of the purchase price paid by such nonresident alien in connection with such interest in70
agricultural land or for any other kind of payment relating to the nonresident alien's loss71
or lack of title to such interest in agricultural land. The legal counsel of any county,72
municipality, or consolidated government in which the agricultural land is located, the73
Attorney General, or any person that is not a nonresident alien that was a party to the void74
transaction or is a subsequent holder of such interest may file an action.75
(g) The Commissioner, in consultation with the Secretary of State, shall promulgate rules76
and regulations as necessary to implement the provisions of this Code section.77
(h)(1) At the time of purchase or of acquisition by means of contract, lease, or other78
instrument, an entity or person acquiring real property in this state must provide an79
affidavit signed under penalty of perjury attesting that the acquisition is not prohibited80
by this Code section.81
(2) The failure to obtain or maintain such affidavit shall not:82
(A) Affect the title or insurability of the title for the real property; or83
(B) Subject the closing agent to civil or criminal liability, unless the closing agent has84
actual knowledge that the transaction will result in a violation of this Code section.85
(3) The Georgia Real Estate Commission and the Georgia Real Estate Appraisers Board86
shall adopt rules to implement this Code section, including rules establishing the form for87
the declaration required under this Code section.88
(i)(1) If any real property is owned, held, leased, or acquired in violation of this Code89
section, the real property shall be forfeited to the state.90
(2) The Attorney General and the district attorney of the county in which the property91
lies have jurisdiction and may initiate a civil action in the superior court of the county in92
which the property lies for the forfeiture of the real property or any interest therein.93
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(3) Upon filing such action, the clerk of superior court shall record a lis pendens in94
accordance with Article 9 of Chapter 14 of Title 44. The defendant may at any time95
petition to modify or discharge the lis pendens based upon a finding that there is no96
probable cause to believe that the real property, or any portion thereof, is owned or held97
in violation of this Code section.98
(4) If the court finds that the real property, or any portion thereof, is owned or held in99
violation of this Code section, the court shall enter a final judgment of forfeiture vesting100
title to the real property in the State of Georgia, subject only to the rights and interests of101
bona fide lienholders, and such final judgment shall relate back to the date of the102
recording of the lis pendens.103
(5) The State of Georgia, acting through the Attorney General or district attorney, may104
sell the real property subject to a final judgment of forfeiture. Any proceeds from the sale105
shall first be paid to any lienholders of the land, followed by payment of any outstanding106
fines assessed pursuant to this Code section, after which the department shall be107
reimbursed for all costs related to the forfeiture civil action and any costs related to the108
sale of the land. Any remaining proceeds shall be paid to the property owner.109
(6) At any time during the forfeiture proceeding, the Attorney General or district attorney110
may seek an ex parte order of seizure of the real property upon a showing that the111
defendant's control of the real property constitutes a clear and present danger to the state.112
(j) An individual who intentionally violates the provisions of this Code section shall be113
guilty of a felony and shall be punished by a fine of not more than $15,000.00 or114
imprisonment for not less than one year nor more than two years, or both."115
SECTION 2.116
All laws and parts of laws in conflict with this Act are repealed.117
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