An Act
ENROLLED SENATE
BILL NO. 1705 By: Howard, Pederson, Burns,
and Garvin of the Senate
and
McCall, Hays, Patzkowsky,
Maynard, Moore, Williams,
Bashore, Burns, and
Steagall of the House
An Act relating to alien ownership of land; amending
60 O.S. 2021, Sections 121, as amended by Section 1,
Chapter 327, O.S.L. 2023, 124, 125, 126, and 127 (60
O.S. Supp. 2023, Section 121), which relate to
prohibition of alien ownership 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; adding persons authorized to execute
certain affidavit; requiring notarization 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;
changing escheatment to foreclosure for pro perty
owned by aliens; providing order of payment for
foreclosed property owned by aliens; updating
statutory references; updating statutory language;
making language gender neutral; and providing an
effective date.
SUBJECT: Alien ownership of land
ENR. S. B. NO. 1705 Page 2
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 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 any
state, political subdivision of the state, tribe, territory, or
possession of the United States and designated by the Uni ted 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 state -backed investment fund in which a
foreign government adversary holds a controll ing interest;
4. “Foreign government entity” 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; and
5. “Land” means the same as defined in Section 6 of this title,
but shall not include oil, gas, other minerals, or any interest
therein.
B. No alien or any person who is not a citizen of the United
States or foreign government adversary 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 treaties of such nation with
ENR. S. B. NO. 1705 Page 3
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 requirements of this
subsection shall not apply to a business entity that is engaged in
regulated interstate commerce or has a national security agreement
with the Committee on Foreign Investment in the United States
(CFIUS) 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 or, the
person’s attorney-in-fact, a court-appointed guardian or personal
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 secti on
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;
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, Sectio n 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 security for a debt or other obligation;
ENR. S. B. NO. 1705 Page 4
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 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 this state in contravention of the provisions of
this article, may nevertheless convey the fee simple title thereof
at any time before the institution of escheat foreclosure
proceedings as hereinafter provided :. Provided, however, that if
any 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 conveyance 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
ENR. S. B. NO. 1705 Page 5
provisions of this act Section 121 et seq. of this title , or the
provisions of the Constitution of this state, to institute suit in
behalf of the State of Oklahoma this state in the district court of
the county in which said such 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 fac ie 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, ar e 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 applicatio n 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 direct the clerk of such
court to ascertain the reside nce or postoffice post office address
of the next of kin of such minor, or person of unsound mind, 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 determined upon the trial of any
such escheat foreclosure proceedings that lands are held contrary to
the provisions of this article, or the Constitution of this state,
the court trying said such cause shall render judgment condemning
ENR. S. B. NO. 1705 Page 6
such lands, and order the same to be sold under the ord er 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
rendering the judgment where the same shall remain for one (1) year
from the date of such payment, subject to the order of the alien
owner of such lands, his or her heirs and legal representatives, and
if not claimed within the period of one ( 1) year, such clerk shall
pay the same into the treasury of the state State Treasury 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, an al ien or his or her heirs may procure the
same to be returned by applying for and procuring an order from the
court condemning the property showing that such judgment escheating
said foreclosing the property was procured by fraud, or mistake, or
that there was material irregularity in the proceedings; this
application, however, 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 the 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 become effective November 1, 2024.
ENR. S. B. NO. 1705 Page 7
Passed the Senate the 30th day of May, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the 30th day of May, 2024.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of _________________ __, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _______ __
day of _________________ __, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of _________________ _, 20 _______, at _______ o'clock _______ M.
By: _________________________________