Oklahoma 2025 2025 Regular Session

Oklahoma House Bill HB1546 Amended / Bill

Filed 03/03/2025

                     
 
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HOUSE OF REPRESENTATIVES - FLOOR VERSION 
 
STATE OF OKLAHOMA 
 
1st Session of the 60th Legislature (2025) 
 
COMMITTEE SUBSTITUTE 
FOR 
HOUSE BILL NO. 1546 	By: Patzkowsky of the House 
 
   and 
 
  Frix of the Senate 
 
 
 
 
 
COMMITTEE SUBSTITUTE 
 
An Act relating to alien ownership of land; amending 
60 O.S. 2021, Section 121, as last amended by Section 
1, Chapter 373, O.S.L. 2024 (60 O.S. Supp. 2024, 
Section 121), which relates to prohibition of alien 
ownership of land; defining terms; providing nations 
that are considered a foreign government adversary; 
prohibiting certain ownership by certain parties; 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 last 
amended by Section 1, Chapter 373, O.S.L. 2024 (60 O.S. Supp. 2024, 
Section 121), is amended to read as follows: 
Section 121.  A.  As used in Sections 121 through 127 of this 
title:   
 
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1.  "Agricultural and forestry property" means all real property 
used for raising, harvesting, and selling crops or for the feeding, 
breeding, management, raising, sale of, or the production of 
livestock, or for the growing and sale of timber and forest 
products;  
2.  "Critical infrastructure facility" mea n any of the 
following: 
a. a chemical manufacturing facility, 
b. a refinery, 
c. a plant or facility producing electric energy no 
matter how generated or produced, 
d. a water treatment facility or wastewater treatment 
plant, 
e. a liquid natural gas terminal , 
f. a telecommunications central switching office, and 
g. gas processing plant, including any plant used in the 
processing, treatment, or fractionation of natural 
gas; 
1. 3. "Deed" means any instrument in writ ing 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. 4. "Foreign government adversary" means a government other 
than the federal government of the United States, the government of   
 
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any state, political subdivision of the state, 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).; furthermore, the following governments shall be considered 
foreign government adversaries: 
a. China, 
b. Iran, 
c. North Korea, and 
d. Russia; 
3. 5. "Foreign government enterprise" means a business entity, 
sovereign wealth fund, or state -backed investment fund in which a 
foreign government adversary holds a contro lling interest; 
4. 6. "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 
7.  "Foreign principal" means any of the following: 
a. the government or any official of the government of a 
foreign government adversary, 
b. a political party or member of a political party or 
any subdivision of a political party in a country 
deemed a foreign government adversary, or   
 
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c. a country or government identified on any sanctions 
list of the United State Department of the Treasury's 
Office of Foreign Assets Control; 
5. 8. "Land" means the same as defined in Se ction 6 of this 
title, but shall not include oil, gas, other minerals, or any 
interest therein. 
9.  "Military installation" means a base, camp, post, station, 
yard, or center that is under the jurisdiction of the Department of 
Defense or its affiliates including the Oklahoma National Guard, 
encompassing at least ten (10) contiguous acres; and 
10.  "Real property" means any land, buildings, fixtures, and 
all other improvements to land. 
B.  No alien or any person who is not a citizen of the United 
States or foreign government adversary shall acquire tit le to or own 
land in this state either directly or indirectly through a business 
entity, trust, or foreign government enterprise, except as 
hereinafter provided, but they shall have and enjoy in this state 
such rights as to personal property as are, or sha ll 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 the 
United States, except as the same may be affected by the provis ions 
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   
 
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interstate commerce or has a national security agreement with the 
Committee on Foreign Investment in t he United States (CFIUS) in 
accordance with federal law. 
C.  On or after 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 p erson'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 fu nding 
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 Tit le 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 defec t 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;   
 
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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 whi ch 
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 p olitical 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.  The Attorney General may 
establish additional exemptions which the Attorney General deems 
necessary to substantially comply with the requirements of this 
section.  The county clerk may accept an affidavit in substanti al 
compliance with the affidavit form promulgated by the Attorney 
General. 
E.  Notwithstanding any other law, no foreign principal shall 
acquire title to, or acquire a controlling interest in, any of the 
following:   
 
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1.  Agricultural and forest property; or 
2.  Real property on or within two hundred (200) miles of any 
military installation or critical infrastructure facility. 
SECTION 2.  This act shall become effective November 1, 2025. 
 
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY AND PUBLIC SAFETY 
OVERSIGHT, dated 03/03/2025 – DO PASS, As Amended.