23 LC 51 0337
H. B. 452
- 1 -
House Bill 452
By: Representatives Pirkle of the 169
th
, Jasperse of the 11
th
, Meeks of the 178
th
, Rhodes of
the 124
th
, Knight of the 134
th
, 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 nonresident aliens; to provide for definitions; to provide for3
exceptions; to provide for rules and regulations; to provide for related matters; to repeal4
conflicting laws; and for other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions8
relative to agriculture, is amended by adding a new Code section to read as follows:9
"2-1-7.
10
(a) As used in this Code section, the term:11
(1) 'Agricultural land' means any land capable of use in the production of agricultural12
crops, timber, livestock or livestock products, poultry or poultry products, milk or dairy13
products, or fruit or other horticultural products, but does not include any land zoned by14
a local governmental unit for a use other than and nonconforming with agricultural use.15
(2) 'Nonresident alien' means:16 23 LC 51 0337
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(A) Any natural person described in subsection (a) of Code Section 1-2-11 who is not17
a United States citizen or legal permanent resident, is a subject of a foreign government18
designated as a foreign adversary by the United States Secretary of Commerce, and:19
(i) Has been physically absent from the United States for more than six months out20
of any 12 month period; or21
(ii) Has been physically absent from Georgia for more than two months out of any 1222
month period; or23
(B) A corporation, partnership, limited partnership, trustee, or other business entity that24
is:25
(i) Domiciled in a country whose government is designated as a foreign adversary by26
the United States Secretary of Commerce; or27
(ii) Domiciled within the United States, but which is owned wholly or in majority by28
any corporation, partnership, limited partnership, trustee, or other business entity29
domiciled in a country whose government is designated as a foreign adversary by the30
United States Secretary of Commerce.31
(b) Except as provided by subsections (c) and (d) of this Code section, no nonresident alien32
shall acquire directly or indirectly any possessory interest in agricultural land or land within33
a 25 mile radius of any military base, military installation, or military airport.34
(c)(1) A nonresident alien may acquire a possessory interest in agricultural land by35
devise or inheritance, as security for indebtedness, in the collection of debts, or by any36
procedure for the enforcement of a lien or claim thereon, whether created by mortgage37
or otherwise.38
(2) Any such possessory interest in agricultural land acquired by a nonresident alien in39
the collection of debts or by any procedure for the enforcement of a lien or claim thereon40
shall be disposed of within three years after acquiring such possessory interest.41 23 LC 51 0337
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(3) Any such possessory interest in agricultural land acquired by a nonresident alien by42
devise or inheritance shall be disposed of within one year after acquiring such possessory43
interest.44
(d) A nonresident alien that acquires a possessory interest in agricultural land pursuant to45
subsection (c) of this Code section may avoid disposing of such interest if, within the time46
required for disposal, such nonresident alien terminates said nonresident alien status.47
(e) The Commissioner, in consultation with the Secretary of State, shall promulgate rules48
and regulations as necessary to implement the provisions of this Code section."49
SECTION 2.50
All laws and parts of laws in conflict with this Act are repealed.51