Maryland 2024 Regular Session

Maryland Senate Bill SB392 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0392
6	6
7	7	SENATE BILL 392
8	8	N1, M4 4lr1727
9	9
10	10	By: Senator Gallion
11	11	Introduced and read first time: January 18, 2024
12	12	Assigned to: Education, Energy, and the Environment
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Agricultural Land – Adversarial Foreign Governments – Restrictions on 2
19	19	Property Interests 3
20	20
21	21	FOR the purpose of prohibiting adversarial foreign governments from purchasing, 4
22	22	acquiring, leasing, or holding certain property interests in agricultural land in the 5
23	23	State; requiring the Attorney General to enforce this Act in a certain manner; and 6
24	24	generally relating to the property interests of adversarial foreign governments. 7
25	25
26	26	BY repealing and reenacting, with amendments, 8
27	27	Article – Real Property 9
28	28	Section 14–101 10
29	29	Annotated Code of Maryland 11
30	30	(2023 Replacement Volume) 12
31	31
32	32	BY adding to 13
33	33	Article – Real Property 14
34	34	Section 14–101.1 15
35	35	Annotated Code of Maryland 16
36	36	(2023 Replacement Volume) 17
37	37
38	38	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
39	39	That the Laws of Maryland read as follows: 19
40	40
41	41	Article – Real Property 20
42	42
43	43	14–101. 21
44	44
45	45	[Any] EXCEPT AS PROVIDED IN § 14–101.1 OF THIS SUBTITLE, ANY alien who is 22
46	46	not an enemy, may own, sell, devise, dispose of, or otherwise deal with property in the same 23
47	47	manner as if [he] THE PERSON had been a citizen of the State by birth. 24 2 SENATE BILL 392
48	48
49	49
50	50
51	51	14–101.1. 1
52	52
53	53	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 2
54	54	INDICATED. 3
55	55
56	56	(2) “ADVERSARIAL FOREIGN G OVERNMENT ” MEANS A 4
57	57	STATE–CONTROLLED ENTERPRIS E OR GOVERNMENT OF A COUN TRY THAT THE U.S. 5
58	58	SECRETARY OF COMMERCE HAS DETERMINED TO BE A FOREIGN ADVERSARY UNDER 6
59	59	15 C.F.R. § 7.4. 7
60	60
61	61	(3) “AGRICULTURAL LAND ” MEANS REAL PROPERTY THAT IS OR WAS 8
62	62	ASSESSED ON THE BASI S OF FARM OR AGRICUL TURAL USE UNDER § 8–209 OF THE 9
63	63	TAX – PROPERTY ARTICLE. 10
64	64
65	65	(4) “STATE–CONTROLLED ENTERPRIS E” MEANS A BUSINESS 11
66	66	ENTERPRISE, HOWEVER DENOMINATED , IN WHICH A FOREIGN GOVERNMENT : 12
67	67
68	68	(I) POSSESSES MORE THAN 50% OF THE OWNERSHIP 13
69	69	INTERESTS; OR 14
70	70
71	71	(II) DIRECTS THE BUSINESS AND AFFAIRS OF THE ENTERPRISE 15
72	72	WITHOUT THE REQUIREM ENT OR CONSENT OF ANY OTHER PERSON. 16
73	73
74	74	(B) AN ADVERSARIAL FOREIG N GOVERNMENT MAY NOT P URCHASE, 17
75	75	ACQUIRE, LEASE, OR HOLD ANY PROPERTY INTEREST IN AGRICULT URAL LAND IN 18
76	76	THE STATE. 19
77	77
78	78	(C) (1) THE ATTORNEY GENERAL SHALL ENFORCE THIS SECTION . 20
79	79
80	80	(2) (I) IF THE ATTORNEY GENERAL HAS REASON TO BELIEVE THAT 21
81	81	A PERSON IS VIOLATIN G THIS SECTION, THE ATTORNEY GENERAL SHALL: 22
82	82
83	83	1. COMMENCE AN ACTION IN THE CIRCUIT COURT OF 23
84	84	THE COUNTY WHERE ANY PORTION OF THE AGRIC ULTURAL LAND IS LOCA TED; AND 24
85	85
86	86	2. FILE A NOTICE OF THE PENDENCY OF THE ACTI ON IN 25
87	87	ACCORDANCE WITH THE MARYLAND RULES. 26
88	88
89	89	(II) IF THE COURT DETERMINES THA T A PERSON HOLDS A 27
90	90	PROPERTY INTEREST IN AGRICULT URAL LAND IN VIOLATI ON OF THIS SECTION , THE 28
91	91	COURT SHALL ENTER AN ORDER: 29
92	92	SENATE BILL 392 3
93	93
94	94
95	95	1. DECLARING THAT THE PE RSON IS AN ADVERSARI AL 1
96	96	FOREIGN GOVERNMENT T HAT HOLDS A PROPERTY INTEREST IN AGRICULTURAL 2
97	97	LAND IN VIOLATION OF THIS SECTION; AND 3
98	98
99	99	2. REQUIRING THE PERSON TO DIVEST ITSELF OF THE 4
100	100	PROPERTY INTEREST WI THIN 1 YEAR AFTER THE DATE OF THE ORDER . 5
101	101
102	102	(III) THE ATTORNEY GENERAL SHALL CAUS E ANY COURT ORDER 6
103	103	ISSUED UNDER SUBPARA GRAPH (II) OF THIS PARAGRAPH TO BE FILED IN THE LAND 7
104	104	RECORDS IN EACH COUN TY WHERE THE AGRICUL TURAL LAND IS LOCATE D. 8
105	105
106	106	(IV) A 1–YEAR LIMITATION PERI OD ESTABLISHED BY CO URT 9
107	107	ORDER UNDER SUBPARAG RAPH (II) OF THIS PARAGRAPH SH ALL BE CONSIDERED A 10
108	108	COVENANT RUNNING WIT H THE TITLE TO THE L AND AGAINST ANY GRANTEE OR 11
109	109	ASSIGNEE. 12
110	110
111	111	(V) ANY LAND SUBJECT TO A COURT ORDER UNDER 13
112	112	SUBPARAGRAPH (II) OF THIS PARAGRAPH TH AT IS NOT DIVESTED W ITHIN THE TIME 14
113	113	PRESCRIBED SHALL BE SOLD AT PUBLIC SALE IN THE MANNER PRESCR IBED BY LAW 15
114	114	FOR THE FORECLOSURE OF A MORTGAGE OR DEED O F TRUST. 16
115	115
116	116	(3) THE ATTORNEY GENERAL MAY BRING AN ACTION TO ENJOIN A 17
117	117	THREATENED OR PROSPE CTIVE VIOLATION OF T HIS SECTION IN ANY M ANNER 18
118	118	PROVIDED BY LAW . 19
119	119
120	120	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
121	121	October 1, 2024. 21