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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1534 By: Bullard
AS INTRODUCED
An Act relating to property; amending 60 O.S. 2011,
Sections 121, 122 and 125, which relate to alien
ownership of land; prohibiting certain ownership of
land through business entity or trust ; requiring
closing company to obtain certain affidavit ;
directing Oklahoma Real Estate Commission to
promulgate certain affidavit form; modifying
exception to certain ownership requirements;
establishing Citizen Land Ownership Unit of the
Office of the Attorney General; 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. 2021, 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 a cquire title to or own land in the State of
Oklahoma this state either directly or indir ectly through a business
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 accor ded a citizen of the
United States under the laws of the nation to which such alien
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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.
Prior to closing of a sale of or transfer of title to land, a
closing company shall obtain from an y person whose name will appear
on the legal title to the land or any person authorized to enter
into a contract for the land on behalf of a lawfully recognized
business entity an affidavit attesting under penalty of perjury that
the person or business entity is obtaining the land in compliance
with the requirements of this articl e and that no funding source is
being used in the sale or transfer in violation of this section or
any other state or federal law. Pursuant to authority granted in
Section 858-208 of Title 59 of the Oklahoma Statu tes, the Oklahoma
Real Estate Commission shall promulgate an affidavit form to comply
with the requirements of this section.
SECTION 2. AMENDATORY 60 O.S. 2021, 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 pr esent 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 becom e a bona
fide resident of the State of Oklahoma, or any lawfully recognized
business entity, the majority of the vo ting stock or equivalent
controlling equity in terest of which is owned by one or more
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resident aliens, shall have the right to acquire and ho ld lands 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 stat e, such alien 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. AMENDATORY 60 O.S. 2021, Section 125, is
amended to read as follows:
Section 125. It shall be the duty of t he Attorney General or
the district attorney of the county where the land is situate, when
he shall be informed or have reason to believe that any lands in the
state are being held contrary to the provisions of this act, or the
provisions of the Constituti on of this state, to institute suit in
behalf of the State of Oklahoma in the district court of the county
in which said lands are situate, pr aying for the escheat of the same
in behalf of the state, and proceed therein as in cases provided by
law for escheats of lands or property where such property has no
known owner: Provided, that before any such suit is instituted, the
Attorney General, or district attorney aforesaid, as the case may
be, shall give thirty (30) days ’ notice by registered letter of his
intention to sue, directed to the owner of the lands, at his last -
known post office address o r to the persons who last rendered the
same for taxes, or to any known agents of the owner; proof of having
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mailed such registered letter shall be deemed and held p rima facie
evidence of the giving of such notice.
B. There is hereby created with in the Office of the Attorney
General a Citizen Land Ownersh ip Unit to enforce the provisions of
this act.
SECTION 4. This act shall become effective November 1, 2022.
58-2-2388 TEK 1/20/2022 9:20:04 AM