Georgia 2023-2024 Regular Session

Georgia House Bill HB1093 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	24 LC 44 2714S
2		-	The House Committee on Agriculture and Consumer Affairs offers the following
3		-	substitute to HB 1093:
	1	+	24 LC 44 2612
	2	+	House Bill 1093
	3	+	By: Representatives Clark of the 100
	4	+	th
	5	+	, Pirkle of the 169
	6	+	th
	7	+	, Blackmon of the 146
	8	+	th
	9	+	, Corbett of
	10	+	the 174
	11	+	th
	12	+	, Bonner of the 73
	13	+	rd
	14	+	, and others
4	15		A BILL TO BE ENTITLED
5	16		AN ACT
6		-	To amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general1
	17	+	To amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general
	18	+	1
7	19		provisions relative to agriculture, so as to prohibit the acquisition of possessory interest in2
8	20		certain land by certain foreign persons and entities; to provide for definitions; to provide for3
9		-	exceptions; to provide for civil actions; to provide for penalties; to provide for related4
10		-	matters; to repeal conflicting laws; and for other purposes.5
11		-	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
12		-	SECTION 1.7
13		-	Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions8
14		-	relative to agriculture, is amended by adding a new Code section to read as follows:9
15		-	"2-1-7.10
16		-	(a) As used in this Code section, the term:11
17		-	(1) 'Agricultural land' means any land capable of use in the production of agricultural12
18		-	crops, timber, livestock or livestock products, poultry or poultry products, milk or dairy13
19		-	products, or fruit or other horticultural products, but does not include any land zoned by14
20		-	a local governmental unit for a use other than and nonconforming with agricultural use.15
21		-	(2) 'Nonresident alien' means:16
22		-	H. B. 1093 (SUB)
23		-	- 1 - 24 LC 44 2714S
24		-	(A) Any natural person described in subsection (a) of Code Section 1-2-11 who is not17
25		-	a United States citizen or legal resident, is a subject of a foreign government designated18
26		-	as a foreign adversary by the United States Secretary of Commerce, and:19
27		-	(i) Has been physically absent from the United States for more than six months out20
28		-	of the most recent 12 months preceding the acquisition of a possessory interest21
29		-	described in this Code section; or22
30		-	(ii) Has been physically absent from Georgia for more than two months out of the23
31		-	most recent 12 months preceding the acquisition of a possessory interest described in24
32		-	this Code section;25
	21	+	exceptions; to provide for civil actions; to provide for rules and regulations; to provide for4
	22	+	disclosures; to provide for affidavits of compliance; to create provisions for enforcement by5
	23	+	the Attorney General or appropriate district attorney; to provide for penalties; to provide for6
	24	+	related matters; to repeal conflicting laws; and for other purposes.7
	25	+	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
	26	+	SECTION 1.9
	27	+	Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions10
	28	+	relative to agriculture, is amended by adding a new Code section to read as follows:11
	29	+	"2-1-7.
	30	+	12
	31	+	(a) As used in this Code section, the term:13
	32	+	(1) 'Agricultural land' means any land capable of use in the production of agricultural14
	33	+	crops, timber, livestock or livestock products, poultry or poultry products, milk or dairy15
	34	+	H. B. 1093
	35	+	- 1 - 24 LC 44 2612
	36	+	products, or fruit or other horticultural products, but does not include any land zoned by16
	37	+	a local governmental unit for a use other than and nonconforming with agricultural use.17
	38	+	(2) 'Nonresident alien' means:18
	39	+	(A) Any natural person described in subsection (a) of Code Section 1-2-11 who is not19
	40	+	a United States citizen or legal resident, is a subject of a foreign government designated20
	41	+	as a foreign adversary by the United States Secretary of Commerce, and:21
	42	+	(i) Has been physically absent from the United States for more than six months out22
	43	+	of any 12 month period; or23
	44	+	(ii) Has been physically absent from Georgia for more than two months out of any 1224
	45	+	month period;25
33	46		(B) A corporation, partnership, limited partnership, trustee, or other business entity that26
34	47		is:27
35	48		(i) Domiciled in a country whose government is designated as a foreign adversary by28
36	49		the United States Secretary of Commerce; or29
37	50		(ii) Domiciled within the United States, but the ownership of at least 25 percent of30
38	51		which is composed of any corporation, partnership, limited partnership, trustee, or31
39	52		other business entity that is domiciled in a country whose government is designated32
40	53		as a foreign adversary by the United States Secretary of Commerce;33
41	54		provided, however, that this subparagraph shall not include a corporation, partnership,34
42	55		limited partnership, trustee, or other business entity leasing land from its owner and35
43	56		using such land for agricultural research and development or experimental purposes,36
44	57		including testing, developing, or producing crop production inputs, including, but not37
45	58		limited to, seeds, plants, pesticides, soil amendments, biologicals, and fertilizers, for38
46	59		sale or resale to farmers; or39
47	60		(C) A foreign government designated as a foreign adversary by the United States40
48	61		Secretary of Commerce.41
	62	+	H. B. 1093
	63	+	- 2 - 24 LC 44 2612
49	64		(3) 'Residential property' means single-family and two-family, three-family, and42
50	65		four-family residential real estate.43
51		-	H. B. 1093 (SUB)
52		-	- 2 - 24 LC 44 2714S
53	66		(b)(1) Except as provided by subsections (c) and (d) of this Code section, no nonresident44
54	67		alien shall acquire directly or indirectly any possessory interest in agricultural land or45
55		-	land within a ten mile radius of any military base, military installation, or military airport.46
56		-	(2) This subsection shall not apply to residential property.47
57		-	(c)(1)(A) A nonresident alien may acquire a possessory interest in agricultural land by48
58		-	devise or inheritance, as security for indebtedness, in the collection of debts, or by any49
59		-	procedure for the enforcement of a lien or claim thereon, whether created by mortgage50
60		-	or otherwise.51
61		-	(B) Any such possessory interest in agricultural land acquired by a nonresident alien52
62		-	in the collection of debts or by any procedure for the enforcement of a lien or claim53
63		-	thereon shall be disposed of within two years after acquiring such possessory interest.54
64		-	(C) Any such possessory interest in agricultural land acquired by a nonresident alien55
65		-	by devise or inheritance shall be disposed of within one year after acquiring such56
66		-	possessory interest.57
67		-	(2) A nonresident alien with any possessory interest in agricultural land as of58
68		-	June 30, 2024, shall dispose of such possessory interest no later than June 30, 2027.59
69		-	(d) A nonresident alien that acquires a possessory interest in agricultural land pursuant to60
70		-	subsection (c) of this Code section may avoid disposing of such interest if, within the time61
71		-	required for disposal, such nonresident alien terminates said nonresident alien status.62
72		-	(e) A broker who is engaged by client who is a prospective buyer or seller of a possessory63
73		-	interest in agricultural land shall timely disclose to said client the requirements and64
74		-	limitations of this Code section. For purposes of this subsection, the terms 'broker,' 'client,'65
75		-	and 'timely' shall have the same meanings as provided in Code Section 10-6A-3.66
76		-	(f) A nonresident alien that purports to acquire any interest in agricultural land in violation67
77		-	of this Code section shall be barred from making any claim against any party for restitution68
78		-	of the purchase price paid by such nonresident alien in connection with such interest in69
79		-	agricultural land or for any other kind of payment relating to the nonresident alien's loss70
80		-	H. B. 1093 (SUB)
81		-	- 3 - 24 LC 44 2714S
82		-	or lack of title to such interest in agricultural land. The legal counsel of any county,71
83		-	municipality, or consolidated government in which the agricultural land is located, the72
84		-	Attorney General, or any person that is not a nonresident alien that was a party to the void73
85		-	transaction or is a subsequent holder of such interest may file an action.74
86		-	(g) An individual who intentionally violates the provisions of this Code section shall be75
87		-	guilty of a felony and shall be punished by a fine of not more than $15,000.00 or76
88		-	imprisonment for not less than one year nor more than two years, or both."77
89		-	SECTION 2.78
90		-	All laws and parts of laws in conflict with this Act are repealed.79
91		-	H. B. 1093 (SUB)
92		-	- 4 -
	68	+	land within a ten mile radius of any critical infrastructure facility, military base, military46
	69	+	installation, or military airport.47
	70	+	(2) This subsection shall not apply to residential property.48
	71	+	(c)(1)(A) A nonresident alien may acquire a possessory interest in agricultural land by49
	72	+	devise or inheritance, as security for indebtedness, in the collection of debts, or by any50
	73	+	procedure for the enforcement of a lien or claim thereon, whether created by mortgage51
	74	+	or otherwise.52
	75	+	(B) Any such possessory interest in agricultural land acquired by a nonresident alien53
	76	+	in the collection of debts or by any procedure for the enforcement of a lien or claim54
	77	+	thereon shall be disposed of within two years after acquiring such possessory interest.55
	78	+	(C) Any such possessory interest in agricultural land acquired by a nonresident alien56
	79	+	by devise or inheritance shall be disposed of within one year after acquiring such57
	80	+	possessory interest.58
	81	+	(2) A nonresident alien with any possessory interest in agricultural land as of59
	82	+	June 30, 2024, shall dispose of such possessory interest no later than June 30, 2027.60
	83	+	(d) A nonresident alien that acquires a possessory interest in agricultural land pursuant to61
	84	+	subsection (c) of this Code section may avoid disposing of such interest if, within the time62
	85	+	required for disposal, such nonresident alien terminates said nonresident alien status.63
	86	+	(e) A broker who is engaged by client who is a prospective buyer or seller of a possessory64
	87	+	interest in agricultural land shall timely disclose to said client the requirements and65
	88	+	limitations of this Code section. For purposes of this subsection, the terms 'broker,' 'client,'66
	89	+	and 'timely' shall have the same meanings as provided in Code Section 10-6A-3.67
	90	+	H. B. 1093
	91	+	- 3 - 24 LC 44 2612
	92	+	(f) A nonresident alien that purports to acquire any interest in agricultural land in violation68
	93	+	of this Code section shall be barred from making any claim against any party for restitution69
	94	+	of the purchase price paid by such nonresident alien in connection with such interest in70
	95	+	agricultural land or for any other kind of payment relating to the nonresident alien's loss71
	96	+	or lack of title to such interest in agricultural land. The legal counsel of any county,72
	97	+	municipality, or consolidated government in which the agricultural land is located, the73
	98	+	Attorney General, or any person that is not a nonresident alien that was a party to the void74
	99	+	transaction or is a subsequent holder of such interest may file an action.75
	100	+	(g) The Commissioner, in consultation with the Secretary of State, shall promulgate rules76
	101	+	and regulations as necessary to implement the provisions of this Code section.77
	102	+	(h)(1) At the time of purchase or of acquisition by means of contract, lease, or other78
	103	+	instrument, an entity or person acquiring real property in this state must provide an79
	104	+	affidavit signed under penalty of perjury attesting that the acquisition is not prohibited80
	105	+	by this Code section.81
	106	+	(2) The failure to obtain or maintain such affidavit shall not:82
	107	+	(A) Affect the title or insurability of the title for the real property; or83
	108	+	(B) Subject the closing agent to civil or criminal liability, unless the closing agent has84
	109	+	actual knowledge that the transaction will result in a violation of this Code section.85
	110	+	(3) The Georgia Real Estate Commission and the Georgia Real Estate Appraisers Board86
	111	+	shall adopt rules to implement this Code section, including rules establishing the form for87
	112	+	the declaration required under this Code section.88
	113	+	(i)(1) If any real property is owned, held, leased, or acquired in violation of this Code89
	114	+	section, the real property shall be forfeited to the state.90
	115	+	(2) The Attorney General and the district attorney of the county in which the property91
	116	+	lies have jurisdiction and may initiate a civil action in the superior court of the county in92
	117	+	which the property lies for the forfeiture of the real property or any interest therein.93
	118	+	H. B. 1093
	119	+	- 4 - 24 LC 44 2612
	120	+	(3) Upon filing such action, the clerk of superior court shall record a lis pendens in94
	121	+	accordance with Article 9 of Chapter 14 of Title 44. The defendant may at any time95
	122	+	petition to modify or discharge the lis pendens based upon a finding that there is no96
	123	+	probable cause to believe that the real property, or any portion thereof, is owned or held97
	124	+	in violation of this Code section.98
	125	+	(4) If the court finds that the real property, or any portion thereof, is owned or held in99
	126	+	violation of this Code section, the court shall enter a final judgment of forfeiture vesting100
	127	+	title to the real property in the State of Georgia, subject only to the rights and interests of101
	128	+	bona fide lienholders, and such final judgment shall relate back to the date of the102
	129	+	recording of the lis pendens.103
	130	+	(5) The State of Georgia, acting through the Attorney General or district attorney, may104
	131	+	sell the real property subject to a final judgment of forfeiture. Any proceeds from the sale105
	132	+	shall first be paid to any lienholders of the land, followed by payment of any outstanding106
	133	+	fines assessed pursuant to this Code section, after which the department shall be107
	134	+	reimbursed for all costs related to the forfeiture civil action and any costs related to the108
	135	+	sale of the land. Any remaining proceeds shall be paid to the property owner.109
	136	+	(6) At any time during the forfeiture proceeding, the Attorney General or district attorney110
	137	+	may seek an ex parte order of seizure of the real property upon a showing that the111
	138	+	defendant's control of the real property constitutes a clear and present danger to the state.112
	139	+	(j) An individual who intentionally violates the provisions of this Code section shall be113
	140	+	guilty of a felony and shall be punished by a fine of not more than $15,000.00 or114
	141	+	imprisonment for not less than one year nor more than two years, or both."115
	142	+	SECTION 2.116
	143	+	All laws and parts of laws in conflict with this Act are repealed.117
	144	+	H. B. 1093
	145	+	- 5 -