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ENGROSSED SENATE
BILL NO. 1705 By: Howard, Bullard, Pederson,
and Burns of the Senate
and
Hays of the House
An Act relating to alien ownership of land; amending
60 O.S. 2021, Section 121, as amended by Section 1,
Chapter 327, O.S.L. 2023 (60 O.S. Supp. 2023, Section
121), which relates to prohibition of alien ownership
of land; defining terms; adding entities prohibited
from certain ownership; updating statutory reference;
adding persons authorized to execute certain
affidavit; requiring notarizat ion of certain
document; providing exemptions to certain
requirements; requiring inclusion of specific
exemption on recorded deed; authorizing Attorney
General to establish additional exemptions; allowing
substantial compliance to certain form requirements ;
updating statutory language; 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:
1. “Deed” means any instrument in writing whereby land is
assigned, transferred, or otherwise conveyed to, or vested in, the
person coming into title or, at his or her direction, any other
person;
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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 defined in Section 6 of this t itle,
but shall not include oil, gas, other minerals, or any in terest
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 indirectly 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 laws of the nation to which
such alien belongs, or by the treat ies 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
state. Provided, however, the r equirements of this subsection shall
not apply to a business entity that is engaged in regulated
interstate commerce in accordance with federal law.
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B. C. On or after the effective date of this act November 1,
2023, any deed recorded with a county clerk s hall 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 th at 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 cl erk shall not accept and
record any deed without an affidavit a s required by this section
which is duly notarized pursuant to Title 49 of the Oklahoma
Statutes. The requirements of this subsection shall not apply to a:
1. Deed which, without additional c onsideration, confirms,
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 designating a
grantee beneficiary pursuant to the Nontestamentary Transfer of
Property Act, Section 1251 et seq. of Title 58 of the Oklahoma
Statutes;
4. State or federal court order in an action to quiet title or
to cure a defect in title;
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5. State or federal court o rder 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 security 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 exempti ons
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 substantial
compliance with the affidavit form promulgated by th e Attorney
General.
SECTION 2. This act shall become effective November 1, 2024.
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Passed the Senate the 1 4th day of March, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2024.
Presiding Officer of the House
of Representatives