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ENGROSSED HOUSE AMENDME NT
TO
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 certai n
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.
AUTHORS: Remove Representative Hays as principal House author and
substitute with Representative McCall
Add the following House Coauthor s: Hays, Patzkowsky,
Maynard, Moore, Williams, and Bashore
AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
and insert:
"An Act relating to alien ownership of land; amending
60 O.S. 2021, Section s 121, as amended by Section 1,
Chapter 327, O.S.L. 2023, 124, 125, 126, and 127 (60
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O.S. Supp. 2023, Section 121) , which relate to
prohibition of alien owne rship of land; defining
terms; adding entities prohibited from certain
ownership; providing exemption for resident aliens
and foreign government entities under certain
circumstances; removing reference to personal
property; updating statutory reference; adding
persons authorized t o execute certain affidavit;
requiring notarization of certain document; providing
exemptions to certain requ irements; requiring
inclusion of specific exemption on recorded deed;
authorizing Attorney General to establish additional
exemptions; allowing sub stantial compliance t o
certain form requirements ; updating statutory
language; changing escheatment to foreclosure for
property owned by aliens; providing order of payment
for foreclosed property owned by aliens; and
providing an effective date.
BE IT ENACTED BY THE PEOPL E 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. No alien or any person who is not a citizen of
the United States shall acqui re title to or own land in this state
either directly or indirectly through a business entity or trust,
except as hereinafter provided, but he or she shall have and enjoy
in this state such rights a s 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 belo ngs, 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
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Constitution of this state. Provided, however, the requirements of
this subsection shall not ap ply to a business entity that is engaged
in regulated interstate commerce in accordance with federal law As
used in Sections 121 through 127 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;
2. "Foreign government adversary" means a government other than
the federal government of the United States , the government of an y
state, political subdivision of the s tate, tribe, territory, or
possession of the United States and designated by the United States
Secretary of State as hostile or a Country of Particular Concern
(CPC);
3. "Foreign government enterprise" means a business entity,
sovereign wealth fund, or st ate-backed investment fund in which a
foreign government adversary holds a controlling interest;
4. "Foreign government entity" means a government other than
the federal government of the United States, the governmen t of any
state, political subdivision of the s tate, tribe, territory, or
possession of the United States; and
5. "Land" means the same as defined in Section 6 of this title,
but shall not include oil, g as, other minerals, or any in terest
therein.
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B. No foreign government adversary shall be authorized to hold
title to real property located in the State of Oklahoma under any
circumstances.
C. An alien who is a resident of Oklahom a or a foreign
government entity domiciled in Oklahoma may hold title to real
property in this state if the Oklahoma resident or entity organized
under the law of the United States or any state of the United States
would be allowed to hold title to real property as provided by the
laws of the applicable foreig n country.
D. 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 or, the person's
attorney-in-fact, a court-appointed guardian or pe rsonal
representative, an authorized officer of the 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 subsection shall not apply to a:
1. Deed which, without additional consideration, confirms,
corrects, modifies, or supplements a deed previously recorded;
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2. Deed made by a grantor to cure a defect in title or
effectuate a disclai mer of interest in real property;
3. Transfer-on-death deed made by a grantor designating a
grantee beneficiary pursuant to the Nontest amentary 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;
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 secur ity for a debt or other obligation;
7. Deed of dedication to the publi c; or
8. Deed in favor of the United States or any of its politi cal
subdivisions, a state or any of its political subdivisions, or a
tribe.
The applicable exemptio n shall be shown on t he face of the deed
prior to the recording of the deed and no affidavit shall be
required.
E. The Attorney General shall promulgate a s eparate affidavit
form for individuals and for business entities or trusts to comply
with the requirements of this secti on, with the exception of those
deeds. The Attorney General may establ ish additional exemptions
which the Attorney General deems necess ary when promulgating the
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affidavit form to substantially comply with the requirements of this
section. The county cler k may accept an affidavit in substantial
compliance with the affidavit form promulgated by the Attorney
General.
SECTION 2. AMENDATORY 60 O.S. 2021, Section 124, is
amended to read as follows:
Section 124. Any alien who shall hereafter hold lands in the
State of Oklahoma in contravention of the provisions of this
article, may nevertheless convey the fee simpl e title thereof at any
time before the institution of escheat foreclosure proceedings as
hereinafter provided:. Provided, however, that if an y such
conveyance shall be made by such alien either to an alien or a
citizen of the United States in trust, and for the purpose and with
the intention of evading the provisions of this article, or the
provisions of the Constitution of this state, such con veyance shall
be null and void, and any such lands so conveyed shall be forfeited
and escheated to the state absolutely foreclosed upon.
SECTION 3. AMENDATORY 60 O.S. 2021, Section 125, is
amended to read as follows:
Section 125. It shall be the duty of the Attorney General or
the district attorney of the county where the land is situate
situated, 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 prov isions of the Constitution of
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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
situated, praying for the escheat foreclosure 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
or her intention to sue, directed to the owner of the lands, at his
or her last-known post office address or to the persons who last
rendered the same for taxes, or to any known agents of the owner;
proof of having mailed such registered letter shall be deemed and
held prima facie evidence of the giving of such notice.
SECTION 4. AMENDATORY 60 O.S. 2021, Section 126, is
amended to read as follows:
Section 126. In case the lands, at the time escheat foreclosure
proceedings are about to be commenced, are owned by minors, or by
persons of unsound mind, such notice shall be addressed to the
guardian of the said minors, or persons of unsound mind, and if
there is no such guardian, the Attorney General of the state, or
district attorney shall make application in the name of the state to
the court and procure the appointment of a guardian ad litem to
represent such minor, or person of unsound mind in such proceedings;
thereafter the district attorney shall direc t the clerk of such
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court to ascertain the residence or postoffice post office address
of the next of kin of such minor, or person of unsound mi nd, and to
transmit to such next of kin a copy of the petition or application
to escheat foreclose such lands, and such minor or person of unsound
mind shall have ninety (90) days after the mailing of such notice to
appear and defend the action.
SECTION 5. AMENDATORY 60 O.S. 2021, Section 127, is
amended to read as follows:
Section 127. If it shall be deter mined upon the trial of any
such escheat foreclosure proceedings that lands are held contrary to
the provisions of this article, or the Constitu tion of this state,
the court trying said cause shall render judgment condemning such
lands, and order the same to be sold under the order of court, at
such time, terms, and conditions as to the court may seem best; the
proceeds of such sale , after deducting the cost of the proceeding,
shall be paid to any lienholders of the property if applicable, then
the rest shall be paid to the clerk of the court ren dering the
judgment where the same shall remain for one (1) year from the date
of such payment, subject t o the order of the alien owner of such
lands, his or her heirs and legal representa tives, and if not
claimed within the period of one (1) year, such clerk sha ll pay the
same into the treasury of the state for the benefit of the available
school fund of the State: state. Provided, that when any money
shall have been paid to the State Treasurer as hereinabove provided,
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an alien or his or her heirs may procure the same to be re turned by
applying for and procuring an order from the court condemning the
property showing that such judgment escheating foreclosing said
property was procured by fraud, or mistake, or that there was
material irregularity in the proceedings; this application, howeve r,
must be made within two (2) years from the date such monies were
turned over into the State Treasury; and in no event shall the state
be liable or called on to refund any further sum than the actual
cash transmitted and delivered to such Treasurer :. Provided,
further, that the defendant in such escheat foreclosure proceedings
may at any time before final judgment suggest and prove to the
court, that he or she has conformed to, or complied with the law,
under and by which they he or she will be entitled to hold such
estate; which, it being admitted or proved, said suit shall be
dismissed on payment by defendant of the costs and reasonable
attorney's attorney fees, to be fixed by the court.
SECTION 6. This act shall be come effective November 1, 2024. "
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Passed the House of Representatives the 25th day of April, 2024.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of __________, 2024.
Presiding Officer of the Senate
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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 complian ce to certain form requirements ;
updating statutory language; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 2. AMENDATORY 60 O.S. 2021, Section 121, as
amended by Section 1, Ch apter 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 ve sted 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 titl e;
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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 m ay 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 a ffidavit form promulgated by th e Attorney
General.
SECTION 3. 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