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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1308 By: Humphrey
AS INTRODUCED
An Act relating to foreign ownership of property;
defining terms; prohibiting real property ownership
by certain parties; providing cer tain exemptions;
requiring divestment of violating property; requiring
Attorney General to bring suit for violation;
providing for judicial foreclosure of property;
providing certain documents to be recorded in the
county records office; providing for felo ny
punishment and fines; providing affirmative defense
to prosecution; providi ng when title to real property
is not invalid or subject to divestiture; prohibiting
agricultural land ownership by certain parties;
providing certain exemptions; requiring dives tment of
violating property; requiring the Office of
Agricultural Intelligence upon discovery of a
violation to report such violation to the Attorney
General; allowing the Attorney General to issue
certain subpoenas; authorizing the Attorney General
to commence legal actions upon certain
determinations; providing for judicial forecl osure of
property; providing certain documents to be recorded
in the office of the county clerk; providing when
title to agricultural land is not invalid or subject
to divestiture; providing for felony punishment and
fines; providing affirmative defense to prosecution;
requiring inclusion of certain affidavit with
recording of a deed; directing Attorney General to
promulgate certain affidavit forms; creating within
the Oklahoma Department of Agriculture, Food, and
Forestry the Office of Agricultural Intelli gence;
stating authorized duties; requiring the Office
operate under the direction of the Secretary of the
Oklahoma Department of Agriculture, Food, and
Forestry; repealing 60 O. S. 2021, Sections 121, as
last amended by Section 1, Chapter 373, O.S.L. 2024,
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122, 123, and Sections 124, 125, 126 and 127, as
amended by Sections 2, 3, 4 and 5, Chapter 373,
O.S.L. 2024 (60 O.S. Supp. 2024, Sections 121, 124,
125, 126 and 127), which rel ate to alien ownership of
land; providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 128 of Title 60, unless there is
created a duplication in numbering, reads as follows:
As used in this act:
1. "Agricultural land" means any land which is outside the
corporate limits of a municipality and is:
a. used for forestry product ion including, without
limitation, land exceeding ten (10) acres in which ten
percent (10%) of the land is stocked by trees of any
size, including land that formerly had trees of any
size covering the land that will be naturally or
artificially regenerated , or
b. currently used for, or, if currently idle, land last
used within the past five (5) years, for farming,
ranching, or timber production, except land not
exceeding ten (10) acres in the aggregate, if the
annual gross receipts from the sale of the farm ,
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ranch, or timber products produced on the land do not
exceed One Thousand Do llars ($1,000.00).
This does not include oil, gas, and all other minerals,
including coal, lignite, brine, and all minerals known and
recognized as commercial minerals underlying the land;
2. "Controlling interest " means an ownership interest of fifty
percent (50%) or more, in the aggregate;
3. "Foreign government" means any government other than the
federal government or any government of a state or a political
subdivision of a state;
4. "Interest in agricultural land " means all direct interest
acquired, transferred, or held in agricultural land, including
without limitation, a lease of agricultural land:
a. for a term of one (1) year or longer, or
b. renewable by option for te rms which, if the options
were all exercised, would total one (1) year;
5. "Party" means any individual, corporation, company,
association, firm, partnership, society, joint -stock company, trust,
estate, or any other legal entity;
6. "Prohibited foreign party" means:
a. a citizen or resident of a country subject to
International Traffic in Arms Regulations, 22 C.F.R.,
Section 126.1,
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b. a foreign government formed within a country subject
to International Traffic in Arms Regulations, 22
C.F.R., Section 126.1,
c. a party other than an individual or a government, that
is created or organized under the laws of a foreign
government within a country subject to International
Traffic in Arms Regulations, 22 C.F.R., Section 126.1,
d. any party other than an individ ual or government:
(1) that is created or organized under the laws of
any state, and
(2) in which a significant interest or substantial
control is directly or indirectly held or is
capable of being exercised by:
(a) an individual referred to in subparagrap h a
of this paragraph,
(b) a foreign government referred to in
subparagraph b of this paragraph,
(c) a party referred to in subparagraph c of
this paragraph, or
(d) a combination of the individuals, parties,
or governments referred to in this division,
e. an Entity of Particular Concern designated by the
United States Department of State, or
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f. an agent, trustee, or other fiduciary of a person or
entity enumerated in subparagraphs a through e of this
paragraph;
7. "Prohibited foreign-party-controlled business" means a
corporation, company, association, firm, partnership, society,
joint-stock company, trust, estate, or other legal entity whose
controlling interest is owned by a prohibited foreign party;
8. "Real property" means all land or property that is not
agricultural land;
9. "Residence" means the principal dwelling of a perso n place
where the person intends to remain permanently for an indefinite
period of time;
10. "Resident alien" means a person who:
a. is not a citizen of the United States, and
b. is a resident of a:
(1) state of the United States,
(2) territory of the United States,
(3) trusteeship of the United States, or
(4) protectorate of the United States;
11. "Significant interest " or "substantial control" means:
a. an interest of thirty -three percent (33%) or more held
by:
(1) a party referred to in subparagraph d of
paragraph 6 of this section,
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(2) an individual referred to in subparagraph a of
paragraph 6 of this section,
(3) a party referred to in subparagraph c of
paragraph 6 of this s ection, or
(4) a single government referred to in subparagraph b
of paragraph 6 of this section;
b. an interest of thirty -three percent (33%) or more held
whenever the parties, individuals, or governments
referred to in paragraph 6 of this section are acti ng
in concert with respect to the interest even though no
single individual, p arty, or government holds an
interest of thirty-three percent (33%) or more, or
c. an interest of fifty percent (50%) or more, in the
aggregate, held by parties, individuals, or
governments referred to in paragraph 6 of this section
even though the individuals, parties, or foreign
governments may not be acting in concert.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Sec tion 128.1 of Title 60, unless there
is created a duplication in numbering, re ads as follows:
A. 1. A prohibited foreign party or a prohibited foreign -
party-controlled business shall not acquire by grant, purchase,
devise, descent, or otherwise any inter est in real property in this
state.
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2. A party may not hold real property as an agent, trustee, or
other fiduciary for a prohibited foreign party or prohibited
foreign-party-controlled business in violation of this section.
B. A prohibited foreign party or a prohibited foreign -party-
controlled business entity in violation of this section shall have
two (2) years to divest of the real property.
C. If a prohibited foreign party or a prohibited foreign -party-
controlled business entity does not divest the re al property as
required by subsection B of this section, the Attorney General shall
commence an action in the district court within the jurisdiction of
the real property.
1. If the ownership of the real property is determined by the
district court to be i n violation of this section, the court shall
order that the real property be s old through judicial foreclosure.
2. Proceeds of the sale shall be disbursed to lienholders, in
the order of priority, except for liens which, under the terms of
the sale, are to remain on the real property.
3. The Attorney General shall promptly record a copy of the
following in the office of the county clerk of the county where the
real property is located:
a. upon commencement, notice of the pendency of an action
brought under this subsection, and
b. the order for the sale of the real property under
paragraph 1 of this subsection.
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D. A prohibited foreign party or a prohibited foreign -party-
controlled business entity shall, upon conviction, be guilty of a
felony punishable by imprisonment in the custody of the Department
of Corrections for a term not to exceed two (2) years, or a fine of
Fifteen Thousand Dollars ($15,000.00), or by both such fine and
imprisonment.
E. It is an affirmative defense to prosecution under this
section that a prohibited foreign party or prohibited foreign -party-
controlled business entity is a resident alien of the State of
Oklahoma.
F. Title to real property is not invalid or subject to
divestiture due to a violation of this section by:
1. Any former owner; or
2. Another person holding or owning a former interest in the
real property.
G. Persons not subject to this section shall be required to
determine or inquire into whether another person is or may be
subject to this section.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 128.2 of Title 60, unless there
is created a duplication in numbering, reads as follows:
A. 1. Except as provided in Section 4 of this act, a
prohibited foreign party or a prohibited foreign -party-controlled
business entity shall not acquire by grant, purchase, devise,
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descent, or otherwise any interest in agricultural land in this
state regardless of whether the prohibited foreign party or a
prohibited foreign-party-controlled business entity intends to use
the agricultural land for non farming purposes.
2. A party may not hold agricultural land as an agent, trustee,
or other fiduciary for a prohibited foreign party in violation of
this act.
B. A prohibited foreign party or a prohibited foreign -party-
controlled business entity that acquires agricultural land in
violation of this section remains in violation as long as the
prohibited foreign party or a prohibited foreign -party-controlled
business entity holds an interest in the agricultural land.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 128.3 of Title 60, unless there
is created a duplication in numbering, reads as follows:
A. A prohibited foreign party or a prohibited foreign -party-
controlled business entity, who is a resident alien of the United
States, shall have the right to acquire and hold agricultural land
in the state upon the same terms as a citizen of the United States
during the continuance of his or her residence in the State of
Oklahoma.
B. 1. If a prohibited foreign party or a prohibited foreign -
party-controlled business entity is no longer a resident alien under
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subsection A of this section, he or she shall have two (2) year s to
divest of the agricultural land.
2. If the prohibited foreign party or a prohibited foreign -
party-controlled business entity does not divest of the agricultural
land as required by paragraph 1 of this subsection, the Attorney
General shall commence a n action in district court within the
jurisdiction of the agricultural land.
3. If the ownership of the agricultural land is held in
violation of this section, the district court shall order that the
agricultural land be sold through judicial foreclosure.
C. 1. When the Office of Agricultural Intelligence determines
a prohibited foreign party or a prohibited foreign -party-controlled
business entity has acquired agricultural land in Oklahoma in
violation of this act, the Office shall report the violation to the
Attorney General.
2. Upon receiving notice under paragraph 1 of this s ubsection
or upon receipt of information that leads the Attorney General to
believe that a violation of this act may exist, the Attorney General
may issue subpoenas requiring the :
a. appearance of witnesses,
b. production of relevant records, and
c. giving of relevant testimony.
3. If, as a result of the investigation under paragraph 2 of
this subsection, the Attorney General concludes that a violation of
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this act has occurred, t he Attorney General shall commence an action
in the district court within the jurisdiction of the agricultural
land.
4. If the ownership of the agricultural land is held in
violation of this act, the district court shall order that the
agricultural land be sold through judicial foreclosure
D. 1. The proceeds of the sale of agricultural land by
judicial foreclosure authorized under this section shall be
disbursed to lienholders, in the order of priority, except for liens
which, under the terms of the sale , are to remain on the
agricultural land.
2. The Attorney General shall promp tly record a copy of the
following in the office of the county clerk where the agricultural
land is located:
a. upon commencement, notice of the pendency of an action
brought under paragraph 2 of subsection B and under
paragraph 3 of subsection C of this section, and
b. the order for the sale of the agricultural land under
paragraph 3 of subsection B and under paragraph 4 of
subsection C of this section.
E. Title to agricultural land is not invalid or subject to
divestiture due to a violation of this act b y:
1. Any former owner; or
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2. Another person holding or owning a former interest in the
agricultural land.
F. No person not subject to this act shall be required to
determine or inquire into whether another person is or may be
subject to this act.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 128.4 of Title 60, unless there
is created a duplication in numberin g, reads as follows:
A. A prohibited foreign party or prohibited foreign -party-
controlled business entity owning agricultural land subsequent to
the passage of this act and not listed under one of the exceptions
set out in subsections A and B of Section 4 of this act shall, upon
conviction, be guilty of a felony punishable by imprisonment in the
custody of the Department of Corrections for a term not to exceed
two (2) years, or a fine of Fifteen Thousand Dollars ($15,000.00),
or by both such fine and impri sonment.
B. It is an affirmative defense to prosecution under this
section that a prohibited foreign party or prohibited foreign -party-
controlled business entity is a resident alien of the State of
Oklahoma.
SECTION 6. NEW LAW A ne w section of law to be codified
in the Oklahoma Statutes as Section 128.5 of Title 60, unless there
is created a duplication in numbering, reads as follows:
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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 Sections 2, 3, 4,
and 5 of this act and that no fundi ng source is being used in the
sale or transfer in violation of Sections 2, 3, 4, and 5 of this act
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. The Attorney Gene ral shall promulgate a separate affidavit
form for individuals and for busines s entities or trusts to comply
with the requirements of this section, with the exception of those
deeds which the Attorney General deems necessary when promulgating
the affidavit form.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 128.6 of Title 60, unless there
is created a duplication in numbering, reads as follows:
A. There is hereby created within the Oklaho ma Department of
Agriculture, Food, and Forestry the Office of Agricultural
Intelligence.
B. The Office of Agricultural Intelligence is authorized and
directed to:
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1. Collect and analyze information concerning the unlawful sale
or possession of agricultu ral land by prohibited foreign parties or
prohibited foreign-party-controlled business entity; and
2. Administer and enforce the provisions of this act, including
without limitation, the reporting of a violation of this subchapter
to the Oklahoma Attorney General under Section 4 of this act.
C. The Office of Agricultural Intellige nce shall operate under
the direction of the Secretary of the Oklahoma Department of
Agriculture, Food, and Forestry.
SECTION 8. REPEALER 60 O.S. 2021, Se ctions 121, as last
amended by Section 1, Chapter 373, O.S.L. 2024, 122, 123, and
Sections 124, 125, 126 and 127, as amended by Sections 2, 3, 4 and
5, Chapter 373, O.S.L. 2024 (60 O.S. Supp. 2024, Sections 121, 124,
125, 126 and 127), are hereby repealed.
SECTION 9. This act shall become effective November 1, 2025.
60-1-10080 GRS 01/08/25