23 LC 44 2360S
S. B. 132 (SUB)
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The House Committee on Agriculture and Consumer Affairs offers the following
substitute to SB 132:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general1
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 rules and regulations; to provide for disclosures; to provide for4
related matters; to repeal 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 44 2360S
S. B. 132 (SUB)
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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 resident, is a subject of a foreign government designated18
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;23
(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
provided, however, that this subparagraph shall not include a corporation, partnership,32
limited partnership, trustee, or other business entity leasing land from its owner and33
using such land for agricultural research and development or experimental purposes,34
including testing, developing, or producing crop production inputs, including, but not35
limited to, seeds, plants, pesticides, soil amendments, biologicals, and fertilizers, for36
sale or resale to farmers; or37
(C) A foreign government designated as a foreign adversary by the United States38
Secretary of Commerce.39
(b) Except as provided by subsections (c) and (d) of this Code section, no nonresident alien40
shall acquire directly or indirectly any possessory interest in agricultural land or land within41
a 25 mile radius of any military base, military installation, or military airport.42 23 LC 44 2360S
S. B. 132 (SUB)
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(c)(1) A nonresident alien may acquire a possessory interest in agricultural land by43
devise or inheritance, as security for indebtedness, in the collection of debts, or by any44
procedure for the enforcement of a lien or claim thereon, whether created by mortgage45
or otherwise.46
(2) Any such possessory interest in agricultural land acquired by a nonresident alien in47
the collection of debts or by any procedure for the enforcement of a lien or claim thereon48
shall be disposed of within three years after acquiring such possessory interest.49
(3) Any such possessory interest in agricultural land acquired by a nonresident alien by50
devise or inheritance shall be disposed of within one year after acquiring such possessory51
interest.52
(d) A nonresident alien that acquires a possessory interest in agricultural land pursuant to53
subsection (c) of this Code section may avoid disposing of such interest if, within the time54
required for disposal, such nonresident alien terminates said nonresident alien status.55
(e) The Commissioner, in consultation with the Secretary of State, shall promulgate rules56
and regulations as necessary to implement the provisions of this Code section.57
(f) A broker who is engaged by client who is a prospective buyer or seller of a possessory58
interest in agricultural land shall timely disclose to said client the requirements and59
limitations of this Code section. For purposes of this subsection, the terms 'broker,' 'client,'60
and 'timely' shall have the same meanings as provided in Code Section 10-6A-3."61
SECTION 2.62
All laws and parts of laws in conflict with this Act are repealed.63