Oklahoma 2022 Regular Session

Oklahoma House Bill HB1497 Latest Draft

Bill / Amended Version Filed 04/07/2021

                             
 
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SENATE FLOOR VERSION 
April 6, 2021 
 
 
COMMITTEE SUBSTITUTE 
FOR ENGROSSED 
HOUSE BILL NO. 1497 	By: McCall, Hilbert, Roberts 
(Dustin), Wallace, Bashore, 
West (Kevin) and Boles of 
the House 
 
  and 
 
  Bullard of the Senate 
 
 
 
 
An Act relating to property; amending 60 O.S. 2011, 
Sections 121 and 122, which relate to alien ownership 
of land; prohibiting certain ownership of land 
through business entity or trust ; requiring certain 
companies to inform Attor ney General or district 
attorney of potential sale; requiring pause of 
certain transactions pending investigat ion; allowing 
resumption of certain transactions upon approval; 
requiring termination of certain transactions; 
modifying exception to certain ownership 
requirements; making language gender-neutral; 
updating statutory reference; and providing an 
effective date. 
 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     60 O.S. 2011, Section 121, is 
amended to read as follows: 
Section 121. No alien or any person who is not a citizen of the 
United States shall acquire title to or own land in the State of 
Oklahoma this state either directly or indirectly through a business   
 
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entity or trust, except as hereinafter provided, but he or she shall 
have and enjoy in the State of Oklahoma this state such rights as to 
personal property as are, or shall be accorded a citizen of the 
United States under the laws of the nation to which such alien 
belongs, or by the treaties of such nation with the United States, 
except as the same may be affected by the provisions of this act 
Section 121 et seq. of this title or the Constitution of this state.  
Any abstract company, closing company or title company with reason 
to believe that a client is attempting to purchase lan d in this 
state in violation of the provisions of this article shall inform 
the Attorney General or the district attorney of the county where 
the land is located and shall pause the transaction for the duration 
of the investigation of the Attor ney General or district attorney.  
Upon completion of an investigation, a transaction for sale of the 
property may be resumed upon approval of the Attorney General or 
district attorney.  If the Attorney General or district attorney 
determines that the sale of the property would violate the 
provisions of this article, the trans action shall be terminated . 
SECTION 2.     AMENDATORY     60 O.S. 2011, Section 122, is 
amended to read as follows: 
Section 122.  This article shall not ap ply to lands now owned in 
this state by aliens so long as they are held by the present owners, 
nor to any alien who is or shall take up bona fide residence in this 
state: and; provided, that any alien who is or shall become a b ona   
 
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fide resident of the Stat e of Oklahoma, or any lawfully recognized 
business entity, the majority of the voting stock or equivalent 
controlling equity in terest of which is owned by one or more 
resident aliens, shall have the right to acquire and hold la nds in 
this state upon the sa me terms as citizens of the State of Oklahoma 
during the continuance of such bona fide residence of such alien in 
this state:  Provided, that if any such resident alien shall cease 
to be a bona fide inhabitant of this state, such a lien shall have 
five (5) years from the time he or she ceased to be such bona fide 
resident in which to alienate such lands. 
SECTION 3.  This act shall become effective November 1, 2021. 
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY 
April 6, 2021 - DO PASS AS AMENDED