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S. B. 132
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Senate Bill 132
By: Senators Beach of the 21st, Dolezal of the 27th, Goodman of the 8th, Summers of the
13th, Anderson of the 24th 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, livestock or livestock products, poultry or poultry products, milk or dairy products,13
or fruit or other horticultural products, but does not include any land zoned by a local14
governmental unit for a use other than and nonconforming with agricultural use.15
(2) 'Nonresident alien' means:16 23 LC 51 0301
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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 Country of Particular Concern by the United States Secretary of State,19
and:20
(i) Has been physically absent from the United States for more than six months out21
of any 12 month period; or22
(ii) Has been physically absent from Georgia for more than two months out of any 1223
month period; or24
(B) A corporation, partnership, limited partnership, trustee, or other business entity that25
is:26
(i) Domiciled in a country designated as a Country of Particular Concern by the27
United States Secretary of State; or28
(ii) Domiciled within the United States, but which is owned wholly or in majority by29
any corporation, partnership, limited partnership, trustee, or other business entity30
domiciled in a country designated as a Country of Particular Concern by the United31
States Secretary of State.32
(b) Except as provided by subsections (c) and (d) of this Code section, no nonresident alien33
shall acquire directly or indirectly any possessory interest in agricultural land or land within34
a 25 mile radius of any military base, military installation, or military airport.35
(c)(1) A nonresident alien may acquire a possessory interest in agricultural land by36
devise or inheritance, as security for indebtedness, in the collection of debts, or by any37
procedure for the enforcement of a lien or claim thereon, whether created by mortgage38
or otherwise.39
(2) Any such possessory interest in agricultural land acquired by a nonresident alien in40
the collection of debts or by any procedure for the enforcement of a lien or claim thereon41
shall be disposed of within three years after acquiring such possessory interest.42 23 LC 51 0301
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(3) Any such possessory interest in agricultural land acquired by a nonresident alien by43
devise or inheritance shall be disposed of within one year after acquiring such possessory44
interest.45
(d) A nonresident alien that acquires a possessory interest in agricultural land pursuant to46
subsection (c) of this Code section may avoid disposing of such interest if, within the time47
required for disposal, such nonresident alien terminates said nonresident alien status.48
(e) The Commissioner, in consultation with the Secretary of State, shall promulgate rules49
and regulations as necessary to implement the provisions of this Code section."50
SECTION 2.51
All laws and parts of laws in conflict with this Act are repealed.52