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SENATE FLOOR VERSION
February 27, 2024
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 1705 By: Howard and Bullard of the
Senate
and
Hays of the House
An Act relating to alien ownership of land; amending
60 O.S. 2021, Section s 121, as amended by Sect ion 1,
Chapter 327, O.S.L. 2023 , and 122 (60 O.S. Supp.
2023, Section 121), which relate to prohibition of
alien ownership of land; defining terms; adding
entities prohibited from certain ownership; updating
statutory reference; adding persons authorized t o
execute certain affidavi t; requiring notarization of
certain document; providing exemptions to certain
requirements; requir ing inclusion of specific
exemption on recorded deed; authorizing Attorney
General to establish additional exemptions; allowing
substantial compliance to certain form requirements;
defining terms; updating statutory langua ge; making
language gender neutral; 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, as
amended by Section 1, Chapter 327, O.S.L. 2023 (60 O.S. Supp. 2023,
Section 121), is amended to read as follows:
Section 121. A. As used in Chapter 3 of this title:
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1. “Deed” means any instrument in writing whereb y land is
assigned, transferred, or other wise conveyed to, or vested in, the
person coming into title or, at his or her direction, any other
person;
2. “Foreign government” means a government other than the
federal government of the United States , the government of any
state, political subdivision of the state, tribe, territory, or
possession of the United States ;
3. “Foreign government enterprise ” means a business entity,
sovereign wealth fund , or state-backed investment fund in which a
foreign government holds a controlling interest ; and
4. “Land” means the same as defin ed in Section 6 of this title ,
but shall not include oil, gas, o ther minerals, or any int erest
therein.
B. No alien, foreign government, or any person who is not a
citizen of the United States shall acquire title to or own land in
this state either directly or i ndirectly through a business entity,
or trust, or foreign government enterprise, except as hereinafter
provided, but he or she they shall have and enjoy in this state such
rights as to personal property as are, or shall be, accorded 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 Section 121 et seq. of this title or the Constitution of this
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state. Provided, however, the requirements of th is subsection shall
not apply to a business entity that is engaged in regulated
interstate commerce in accordance with federal law.
B. C. On or after the effective date of this act November 1,
2023, any deed recorded with a county clerk shall include as an
exhibit to the deed an affidavit executed by the person, the
person’s attorney-in-fact, a court-appointed guardian or personal
representative, an authorized officer of the or entity, or trustee
of the trust 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. A county clerk shall not accept and
record any deed without an affidavit as required by this section
which is duly notarized pursuant to Title 49 of the Oklahoma
Statutes. The requirements of this subsect ion shall not apply to a:
1. Deed which, without additional consideration, confirm s,
corrects, modifies, or supplements a deed previously recorded;
2. Deed made by a grantor to cure a defect in title or
effectuate a disclaimer of interest in real property;
3. Transfer-on-death deed made by a grantor designat ing a
grantee beneficiary pursuant to the Nontestamentary Trans fer of
Property Act, Section 1251 et seq. of Title 58 of the Oklahom a
Statutes;
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4. State or federal cou rt order in an action to quiet ti tle or
to cure a defect in tit le;
5. State or federal court order or decree in probate,
partition, quiet title, and divorce actions;
6. Deed which secures a debt or other obligation, or which
releases such property as sec urity for a debt or other obligation;
7. Deed of dedication to the public; or
8. Deed in favor of the United States or any of its political
subdivisions, a state or any of its political subdivisions, or a
tribe.
The applicable exemption shall be shown on the face of the deed
prior to the recording of the deed and no affidavit shall be
required.
D. 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, with the exception of those
deeds. The Attorney General may establish additional exemptions
which the Attorney General deems necessary when promulgating the
affidavit form to substantially comply with the requirements of this
section. The county clerk may accept an affidavit in su bstantial
compliance with the affidavit form promulgated by the Attorney
General.
SECTION 2. AMENDATORY 60 O.S. 2021, Section 122, is
amended to read as follows:
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Section 122. A. For purposes of this section:
1. “Bona fide resident” shall be a lawful per manent resident of
the United States; and
2. “Lawful permanent resident ” means a foreign national w ho has
been granted the right to reside permanently in the United States.
B. This article shall not apply 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 any alien who is or shall become a bona fide resident of
the State of Oklahoma this state shall have the right to acquire and
hold lands in this state upon the same terms as citizens of the
State of Oklahoma this state during the continuance of such bona
fide residence of such alien in this state: Provided provided, that
if any such resident alien shall cease to be a bona fide inhabitant
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. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
February 27, 2024 - DO PASS AS AMENDED BY CS