Michigan House Bill HB5050

Michigan 2023-2024 Regular Session

• Introduced: 9/26/23
• Refer: 9/26/23

Caption

Property: land sales; prohibition for certain foreign entities to purchase farmland in Michigan; provide for. Amends title & secs. 35 & 36 of 1846 RS 66 (MCL 554.135 & 554.136) & adds secs. 36a & 36b.

Impact

The bill has significant implications for state laws governing real estate transactions. It establishes a framework that requires any adversarial entity that owns agricultural land in Michigan to register with the state. This change is aimed at monitoring and potentially limiting the influence of such entities on Michigan's agriculture and real estate sectors. By mandating that these entities cannot acquire additional land and must divest if they change status, the bill seeks to mitigate risks associated with foreign ownership of vital resources.

Summary

House Bill 5050 seeks to amend existing Michigan laws concerning the ownership and control of real estate, particularly focusing on agricultural lands. It introduces new measures that prohibit certain foreign entities, specifically those identified as 'adversarial entities' - primarily the People's Republic of China and its affiliated organizations - from owning, purchasing, or leasing land in Michigan. The legislation aims to enhance state security regarding land ownership, reflecting growing concerns over national sovereignty and local control.

Contention

Notably, the bill sharpens the definition of what constitutes an 'adversarial entity' and seeks to safeguard local interests. However, critics may argue that such restrictions could deter investment and complicate transactions for certain buyers, potentially impacting local economies. The enforcement mechanism, which includes reporting violations to the attorney general and establishing grounds for land escheatment to the state, raises questions about property rights and the legal processes applicable to foreign and domestic landowners alike.