Georgia 2023-2024 Regular Session

Georgia House Bill HB452 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	23 LC 51 ~~0349S~~
2		-	H. B. 452 ~~(SUB)~~
	1	+	23 LC 51 0337
	2	+	H. B. 452
3	3		- 1 -
4		-	The House Committee on Agriculture and Consumer Affairs offers the following
5		-	substitute to HB 452:
	4	+	House Bill 452
	5	+	By: Representatives Pirkle of the 169
	6	+	th
	7	+	, Jasperse of the 11
	8	+	th
	9	+	, Meeks of the 178
	10	+	th
	11	+	, Rhodes of
	12	+	the 124
	13	+	th
	14	+	, Knight of the 134
	15	+	th
	16	+	, and others
6	17		A BILL TO BE ENTITLED
7	18		AN ACT
8		-	To amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general1
	19	+	To amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general
	20	+	1
9	21		provisions relative to agriculture, so as to prohibit the acquisition of possessory interest in2
10	22		certain land by certain nonresident aliens; to provide for definitions; to provide for3
11		-	exceptions; to provide for rules and regulations; to provide for ~~disclosures~~; to ~~provide for4~~
12		-	~~related matters; to repeal~~ conflicting laws; and for other purposes.5
	23	+	exceptions; to provide for rules and regulations; to provide for related matters; to repeal4
	24	+	conflicting laws; and for other purposes.5
13	25		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
14	26		SECTION 1.7
15	27		Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions8
16	28		relative to agriculture, is amended by adding a new Code section to read as follows:9
17		-	"2-1-7.10
	29	+	"2-1-7.
	30	+	10
18	31		(a) As used in this Code section, the term:11
19	32		(1) 'Agricultural land' means any land capable of use in the production of agricultural12
20	33		crops, timber, livestock or livestock products, poultry or poultry products, milk or dairy13
21	34		products, or fruit or other horticultural products, but does not include any land zoned by14
22	35		a local governmental unit for a use other than and nonconforming with agricultural use.15
23		-	(2) 'Nonresident alien' means:16 23 LC 51 ~~0349S~~
24		-	H. B. 452 ~~(SUB)~~
	36	+	(2) 'Nonresident alien' means:16 23 LC 51 0337
	37	+	H. B. 452
25	38		- 2 -
26	39		(A) Any natural person described in subsection (a) of Code Section 1-2-11 who is not17
27	40		a United States citizen or legal permanent resident, is a subject of a foreign government18
28	41		designated as a foreign adversary by the United States Secretary of Commerce, and:19
29	42		(i) Has been physically absent from the United States for more than six months out20
30	43		of any 12 month period; or21
31	44		(ii) Has been physically absent from Georgia for more than two months out of any 1222
32		-	month period;23
	45	+	month period; or23
33	46		(B) A corporation, partnership, limited partnership, trustee, or other business entity that24
34	47		is:25
35	48		(i) Domiciled in a country whose government is designated as a foreign adversary by26
36	49		the United States Secretary of Commerce; or27
37	50		(ii) Domiciled within the United States, but which is owned wholly or in majority by28
38	51		any corporation, partnership, limited partnership, trustee, or other business entity29
39	52		domiciled in a country whose government is designated as a foreign adversary by the30
40		-	United States Secretary of Commerce; or31
41		-	(C) A foreign government designated as a foreign adversary by the United States32
42		-	Secretary of Commerce.33
43		-	(b) Except as provided by subsections (c) and (d) of this Code section, no nonresident alien34
44		-	shall acquire directly or indirectly any possessory interest in agricultural land or land within35
45		-	a 25 mile radius of any military base, military installation, or military airport.36
46		-	(c)(1) A nonresident alien may acquire a possessory interest in agricultural land by37
47		-	devise or inheritance, as security for indebtedness, in the collection of debts, or by any38
48		-	procedure for the enforcement of a lien or claim thereon, whether created by mortgage39
49		-	or otherwise.40
50		-	(2) Any such possessory interest in agricultural land acquired by a nonresident alien in41
51		-	the collection of debts or by any procedure for the enforcement of a lien or claim thereon42
52		-	shall be disposed of within three years after acquiring such possessory interest.43 23 LC 51 0349S
53		-	H. B. 452 (SUB)
	53	+	United States Secretary of Commerce.31
	54	+	(b) Except as provided by subsections (c) and (d) of this Code section, no nonresident alien32
	55	+	shall acquire directly or indirectly any possessory interest in agricultural land or land within33
	56	+	a 25 mile radius of any military base, military installation, or military airport.34
	57	+	(c)(1) A nonresident alien may acquire a possessory interest in agricultural land by35
	58	+	devise or inheritance, as security for indebtedness, in the collection of debts, or by any36
	59	+	procedure for the enforcement of a lien or claim thereon, whether created by mortgage37
	60	+	or otherwise.38
	61	+	(2) Any such possessory interest in agricultural land acquired by a nonresident alien in39
	62	+	the collection of debts or by any procedure for the enforcement of a lien or claim thereon40
	63	+	shall be disposed of within three years after acquiring such possessory interest.41 23 LC 51 0337
	64	+	H. B. 452
54	65		- 3 -
55		-	(3) Any such possessory interest in agricultural land acquired by a nonresident alien by44
56		-	devise or inheritance shall be disposed of within one year after acquiring such possessory45
57		-	interest.46
58		-	(d) A nonresident alien that acquires a possessory interest in agricultural land pursuant to47
59		-	subsection (c) of this Code section may avoid disposing of such interest if, within the time48
60		-	required for disposal, such nonresident alien terminates said nonresident alien status.49
61		-	(e) The Commissioner, in consultation with the Secretary of State, shall promulgate rules50
62		-	and regulations as necessary to implement the provisions of this Code section.51
63		-	(f) A broker who is engaged by client who is a prospective buyer or seller of a possessory52
64		-	interest in agricultural land shall timely disclose to said client the requirements and53
65		-	limitations of this Code section. For purposes of this subsection, the terms 'broker,' 'client,'54
66		-	and 'timely' shall have the same meanings as provided in Code Section 10-6A-3."55
67		-	SECTION 2.56
68		-	All laws and parts of laws in conflict with this Act are repealed.57
	66	+	(3) Any such possessory interest in agricultural land acquired by a nonresident alien by42
	67	+	devise or inheritance shall be disposed of within one year after acquiring such possessory43
	68	+	interest.44
	69	+	(d) A nonresident alien that acquires a possessory interest in agricultural land pursuant to45
	70	+	subsection (c) of this Code section may avoid disposing of such interest if, within the time46
	71	+	required for disposal, such nonresident alien terminates said nonresident alien status.47
	72	+	(e) The Commissioner, in consultation with the Secretary of State, shall promulgate rules48
	73	+	and regulations as necessary to implement the provisions of this Code section."49
	74	+	SECTION 2.50
	75	+	All laws and parts of laws in conflict with this Act are repealed.51