Montana 2023 Regular Session

Montana Senate Bill SB256

Introduced
2/1/23  

Caption

Prohibit ownership of private property within state by citizens of enemy states

Impact

The implications of SB 256 are significant as it alters existing statutes regarding land ownership by foreign entities. It restricts the property rights of foreign adversary governments and clarifies the responsibilities of landowners in Montana. The bill aims to enhance state and national security by mitigating the risk posed by foreign ownership of local real estate, especially in sensitive areas. This new restriction on land ownership could potentially affect various sectors, including agriculture, energy, and real estate, where foreign investment has been more common.

Summary

Senate Bill 256 is a legislative proposal aimed at prohibiting ownership, leasing, or acquisition of land within Montana by foreign adversary governments, which include certain nations identified as threats to U.S. national security, such as China, Russia, and Iran. The bill mandates that any land held by these entities prior to December 31, 2023, must be transferred to comply with this new legal framework. The measure gives the Board of Land Commissioners the authority to exercise eminent domain for such land if compliance is not met by the specified deadline, thus allowing the state to reclaim and manage these properties as state land.

Sentiment

The sentiment surrounding SB 256 appears to favor strong support from legislators concerned with national security and local control. Proponents argue that the bill is necessary to prevent foreign adversaries from acquiring strategic land that could threaten public safety and security. However, there are concerns regarding the implications for property rights and economic impacts. Critics may argue that such restrictions could unnecessarily limit investment opportunities and create a legal quagmire regarding land acquisition and ownership compliance.

Contention

Key points of contention surrounding SB 256 include debates over the definition of 'foreign adversary government' and its broad implications, as well as the potential economic impact this could have on Montana's property market. The ability of the state to invoke eminent domain for foreign-owned properties raises concerns about property rights and compensation issues. As the bill moves through the legislative process, discussions will likely continue to center on how to strike a balance between national security interests and the rights and economic realities of land ownership in Montana.

Companion Bills

No companion bills found.

Similar Bills

LA HB537

Provides for a prohibition against foreign adversary purchasing, leasing, or acquiring land (EN GF EX See Note)

LA SB226

Prohibits foreign adversaries and prohibited foreign actors from participating in certain property transactions. (gov sig)

LA HB238

Provides relative to agriculture land protection against foreign adversaries (EN INCREASE GF EX See Note)

WI SB7

Prohibiting a foreign adversary from acquiring agricultural or forestry land in this state.

LA HB125

Provides relative to agriculture land protection against foreign adversaries (EN INCREASE GF EX See Note)

KS HB2069

Senate Substitute for HB 2069 by Committee on Judiciary - Prohibiting conveyance of certain real property in this state to foreign adversaries.

KS HB2638

Prohibiting conveyance of certain real property in this state to foreign adversaries.

ND SB2371

The prohibition on ownership of real property by a foreign adversary; to provide for a legislative management study; and to provide an expiration date.