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2 | 2 | | HOUSE DOCKET, NO. 3067 FILED ON: 1/16/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 141 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Marcus S. Vaughn |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act prohibiting the purchase of farm land by foreign governments. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Marcus S. Vaughn9th Norfolk1/16/2025 1 of 3 |
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16 | 16 | | HOUSE DOCKET, NO. 3067 FILED ON: 1/16/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 141 |
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18 | 18 | | By Representative Vaughn of Wrentham, a petition (accompanied by bill, House, No. 141) of |
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19 | 19 | | Marcus S. Vaughn for legislation to prohibit foreign governments from holding any interest in |
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20 | 20 | | agricultural land. Agriculture. |
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21 | 21 | | The Commonwealth of Massachusetts |
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22 | 22 | | _______________ |
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23 | 23 | | In the One Hundred and Ninety-Fourth General Court |
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24 | 24 | | (2025-2026) |
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25 | 25 | | _______________ |
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26 | 26 | | An Act prohibiting the purchase of farm land by foreign governments. |
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27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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28 | 28 | | of the same, as follows: |
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29 | 29 | | 1 SECTION 1. Chapter 184 of the General Laws, as appearing in the 2022 Official Edition, |
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30 | 30 | | 2is hereby amended by inserting after section 1 the following new section:- |
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31 | 31 | | 3 Section 1A. (a) As used in this section the following words shall, unless the context |
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32 | 32 | | 4requires otherwise, have the following meanings:— |
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33 | 33 | | 5 “Agricultural land” means the same as it is defined in section 1 of chapter 61A. |
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34 | 34 | | 6 "Controlling interest" means either possession of more than 50 percent of the ownership |
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35 | 35 | | 7interests in an entity or a percentage ownership in an entity of 50 percent or less if such owner |
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36 | 36 | | 8directs the business and affairs of such entity without the requirement or consent of any other |
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37 | 37 | | 9party. |
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38 | 38 | | 10 “Department" means the Department of Agricultural Resources. 2 of 3 |
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39 | 39 | | 11 "Foreign government" means a government or state-controlled enterprise of a foreign |
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40 | 40 | | 12government. The term does not include the government of the United States or any government |
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41 | 41 | | 13of its states, territories, or possessions. |
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42 | 42 | | 14 "Interest" means any estate, remainder, or reversion, or portion of the estate, remainder, |
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43 | 43 | | 15or reversion, or an option pursuant to which one party has a right to cause legal or equitable title |
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44 | 44 | | 16to agricultural land to be transferred. |
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45 | 45 | | 17 (b) Notwithstanding any general or special law to the contrary, on and after June 1, 2025, |
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46 | 46 | | 18no foreign government shall purchase, acquire, lease, or hold any interest in agricultural land in |
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47 | 47 | | 19the Commonwealth that is within a 20-mile radius of a United States military base. This section |
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48 | 48 | | 20shall not apply to (i) any interest in agricultural land held by a foreign government prior to June |
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49 | 49 | | 211, 2025, or (ii) any federally recognized tribal government units and enterprises. Any transfer of |
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50 | 50 | | 22an interest in land in violation of this section shall be void. |
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51 | 51 | | 23 (c) The Department shall compile an annual report in consultation with the appropriate |
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52 | 52 | | 24state agencies and boards for each calendar year containing the following: |
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53 | 53 | | 25 1. The total amount of agricultural land that is under foreign ownership or leased by a |
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54 | 54 | | 26foreign government; |
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55 | 55 | | 27 2. The percentage change in foreign ownership of agricultural land in the Commonwealth |
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56 | 56 | | 28for each year over the prior 10 years; |
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57 | 57 | | 29 3. The purpose for which foreign-owned agricultural land in the Commonwealth is being |
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58 | 58 | | 30used currently. To the extent such information is available, the Department shall also include any 3 of 3 |
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59 | 59 | | 31significant recent changes or trends in the uses of foreign-owned agricultural land in the |
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60 | 60 | | 32Commonwealth; |
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61 | 61 | | 33 4. With the assistance of relevant state agencies, information regarding the extent of, and |
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62 | 62 | | 34any recent changes in, foreign ownership of energy production, storage, or distribution facilities |
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63 | 63 | | 35in the Commonwealth to the extent such information is available; and |
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64 | 64 | | 36 5. Any legislative, regulatory, or administrative policy changes the Department |
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65 | 65 | | 37recommends in light of the information in this report. |
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66 | 66 | | 38 (d) The report required in subsection (c) shall be compiled and submitted to both the |
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67 | 67 | | 39house and senate committees on ways and means and posted on the Department’s website not |
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68 | 68 | | 40later than July 31 of each year detailing the findings of the previous calendar year. |
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