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SENATE FLOOR VERSION
February 14, 2023
AS AMENDED
SENATE BILL NO. 212 By: Bullard of the Senate
and
Humphrey of the House
[ property - ownership of land - affidavit - Citizen
Land Ownership Unit of the Office of the Attorney
General - 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. A. 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 i ndirectly 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 l aws 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.
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Provided, however, the requirements of th is subsection shall not
apply to a business entity that has legally operated in the United
States for a minimum of twenty (20) years.
B. On or after the effective date of this act , any deed
recorded with a county clerk shall include as an exhibit to the deed
an affidavit executed by the person or entity coming into title
attesting that the person, business entity, or trust is obtaining
the land in compliance with the requirements of this section 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. The
Attorney General shall promulgate a separate affidavit form for
individuals and for business entities or trusts 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 a pply 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
resident aliens, shall have the right to acquire and ho ld lands in
this state upon the s ame terms as citizens of the State of Oklahoma
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during the continuance of such bona fide residence of such a lien in
this state: Provided, that if any such resident alien shall cease
to be a bona fide inhabitant resident of this state, 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. A. It shall be the duty o f the Attorney General
or the district attorney of the county where the land is situate,
when he or she 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 Constitution of this state, to
institute suit in behalf of the State of Oklahoma in the district
court of the county in which said the lands are situate, pr aying for
the escheat of the same in behalf of t he state, and proceed therein
as in cases provided b y law for escheats of lands or property where
such property has no known owner : Provided, that before . 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 or her intention to sue, directed to the
owner of the lands, at his the last-known post office address , or to
the persons who last rendered the same for ta xes, or to any known
agents of the owner; proof of having mailed such registere d letter
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shall be deemed and held prima 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, 2023.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
February 14, 2023 - DO PASS AS AMENDED