| 58 | | - | 1. "Agricultural and forestry property" means all real property |
|---|
| 59 | | - | used for raising, harvesting, and selling crops or for the feeding, |
|---|
| 60 | | - | breeding, management, raising, sale, or the productio n of livestock, |
|---|
| 61 | | - | or for the growing and sale of timber and forest products; |
|---|
| 62 | | - | 2. "Critical infrastructure facility" mean s any of the |
|---|
| 63 | | - | following: |
|---|
| 96 | + | 1. "Agricultural and forestry property" means all real property |
|---|
| 97 | + | used for raising, harvesting, and selling crops or for the feeding, |
|---|
| 98 | + | breeding, management, raising, sale of, or the production of |
|---|
| 99 | + | livestock, or for the growing and sale of timber and forest |
|---|
| 100 | + | products; |
|---|
| 101 | + | 2. "Critical infrastructure facility" mea n any of the |
|---|
| 102 | + | following: |
|---|
| 140 | 154 | | c. North Korea, and |
|---|
| 141 | 155 | | d. Russia; |
|---|
| 142 | 156 | | 3. 5. "Foreign government enterprise" means a business entity, |
|---|
| 143 | 157 | | sovereign wealth fund, or state -backed investment fund in which a |
|---|
| 144 | 158 | | foreign government adversary holds a contro lling interest; |
|---|
| 145 | 159 | | 4. 6. "Foreign government entity" means a government other than |
|---|
| 146 | 160 | | the federal government of the United States, the government of any |
|---|
| 147 | 161 | | state, political subdivision of the state, tribe, territory, or |
|---|
| 148 | 162 | | possession of the United States; and |
|---|
| 149 | 163 | | 7. "Foreign principal" means any of the following: |
|---|
| 150 | 164 | | a. the government or any official of the government of a |
|---|
| 151 | 165 | | foreign government adversary, |
|---|
| 152 | 166 | | b. a political party or member of a political party or |
|---|
| 153 | 167 | | any subdivision of a political party in a country |
|---|
| 154 | 168 | | deemed a foreign government adversary, or |
|---|
| 155 | | - | c. a country or government identified on any sanctions |
|---|
| 156 | | - | list of the United State Department of the Treasury's |
|---|
| 157 | | - | Office of Foreign Assets Control; |
|---|
| 158 | | - | 5. 8. "Land" means the same as defined in Section 6 of this |
|---|
| 159 | | - | title, but shall not include oil, gas, other minerals, or any |
|---|
| 160 | | - | interest therein; |
|---|
| 161 | | - | 9. "Military installation" means a base, camp, post, station, |
|---|
| 162 | | - | yard, or center that is under the jur isdiction of the Department of |
|---|
| 196 | + | c. a country or government identified on any sanctions |
|---|
| 197 | + | list of the United State Department of the Treasury's |
|---|
| 198 | + | Office of Foreign Assets Control; |
|---|
| 199 | + | 5. 8. "Land" means the same as defined in Se ction 6 of this |
|---|
| 200 | + | title, but shall not include oil, gas, other minerals, or any |
|---|
| 201 | + | interest therein. |
|---|
| 202 | + | 9. "Military installation" means a base, camp, post, station, |
|---|
| 203 | + | yard, or center that is under the jurisdiction of the Department of |
|---|
| 192 | 207 | | all other improvements to land. |
|---|
| 193 | 208 | | B. No alien or any person who is not a citizen of the United |
|---|
| 194 | 209 | | States or foreign government adversary shall acquire tit le to or own |
|---|
| 195 | 210 | | land in this state either directly or indirectly through a business |
|---|
| 196 | 211 | | entity, trust, or foreign government enterprise, except as |
|---|
| 197 | 212 | | hereinafter provided, but they shall have and enjoy in this state |
|---|
| 198 | 213 | | such rights as to personal property as are, or sha ll be, accorded a |
|---|
| 199 | 214 | | citizen of the United States under the laws of the nation to which |
|---|
| 200 | 215 | | such alien belongs, or by the treaties of such nation with the |
|---|
| 201 | 216 | | United States, except as the same may be affected by the provis ions |
|---|
| 202 | 217 | | of Section 121 et seq. of this title or the Constitution of this |
|---|
| 203 | 218 | | state. Provided, however, the requirements of this subsection shall |
|---|
| 204 | 219 | | not apply to a business entity that is engaged in regulated |
|---|
| 205 | | - | interstate commerce or has a national security agreement with the |
|---|
| 206 | | - | Committee on Foreign Investment in the United States (CFIUS) in |
|---|
| 207 | | - | accordance with federal law. |
|---|
| 208 | | - | C. On or after November 1, 2023, any deed recorded with a |
|---|
| 209 | | - | county clerk shall i nclude as an exhibit to the deed an affidavit |
|---|
| 210 | | - | executed by the person, the person's attorney -in-fact, a court- |
|---|
| 211 | | - | appointed guardian or personal representative, an authorized officer |
|---|
| 212 | | - | of the entity, or trustee of the trust coming into title attesting |
|---|
| 247 | + | interstate commerce or has a national security agreement with the |
|---|
| 248 | + | Committee on Foreign Investment in t he United States (CFIUS) in |
|---|
| 249 | + | accordance with federal law. |
|---|
| 250 | + | C. On or after November 1, 2023, any deed recorded with a |
|---|
| 251 | + | county clerk shall include as an exhibit to the deed an affidavit |
|---|
| 252 | + | executed by the person, the p erson's attorney-in-fact, a court- |
|---|
| 253 | + | appointed guardian or personal representative, an authorized officer |
|---|
| 254 | + | of the entity, or trustee of the trust coming into title attesting |
|---|
| 239 | 255 | | that the person, business entity, or trust is obtaining the land in |
|---|
| 240 | 256 | | compliance with the requirements of this section and that no fu nding |
|---|
| 241 | 257 | | source is being used in the sale or transfer in violation of this |
|---|
| 242 | 258 | | section or any other state or federal law. A county clerk shall not |
|---|
| 243 | 259 | | accept and record any deed without an affidavit as required by this |
|---|
| 244 | 260 | | section which is duly notarized pursuant to Tit le 49 of the Oklahoma |
|---|
| 245 | 261 | | Statutes. The requirements of this subsection shall not apply to a: |
|---|
| 246 | 262 | | 1. Deed which, without additional consideration, confirms, |
|---|
| 247 | 263 | | corrects, modifies, or supplements a deed previously recorded; |
|---|
| 248 | 264 | | 2. Deed made by a grantor to cure a defec t in title or |
|---|
| 249 | 265 | | effectuate a disclaimer of interest in real property; |
|---|
| 250 | 266 | | 3. Transfer-on-death deed made by a grantor designating a |
|---|
| 251 | 267 | | grantee beneficiary pursuant to the Nontestamentary Transfer of |
|---|
| 252 | 268 | | Property Act, Sectio n 1251 et seq. of Title 58 of the Oklahoma |
|---|
| 253 | 269 | | Statutes; |
|---|
| 254 | | - | 4. State or federal court order in an action to quiet title or |
|---|
| 255 | | - | to cure a defect in title; |
|---|
| 256 | | - | 5. State or federal court order or decree in pro bate, |
|---|
| 257 | | - | partition, quiet title, and divorce actions; |
|---|
| 258 | | - | 6. Deed which secures a debt or other obligation, or which |
|---|
| 259 | | - | releases such property as security for a debt or other obligation; |
|---|
| 260 | | - | 7. Deed of dedication to the public; or |
|---|
| 297 | + | 4. State or federal court order in an action to quiet title or |
|---|
| 298 | + | to cure a defect in title; |
|---|
| 299 | + | 5. State or federal court order or decree in probate, |
|---|
| 300 | + | partition, quiet title, and divorce actions; |
|---|
| 301 | + | 6. Deed which secures a debt or other obligation, or whi ch |
|---|
| 302 | + | releases such property as security for a debt or other obligation; |
|---|
| 303 | + | 7. Deed of dedication to the public; or |
|---|
| 287 | 304 | | 8. Deed in favor of the United States or any of its political |
|---|
| 288 | 305 | | subdivisions, a state or any of its p olitical subdivisions, or a |
|---|
| 289 | 306 | | tribe. |
|---|
| 290 | 307 | | The applicable exemption shall be shown on the face of the deed |
|---|
| 291 | 308 | | prior to the recording of the deed and no affidavit shall be |
|---|
| 292 | 309 | | required. |
|---|
| 293 | 310 | | D. The Attorney General shall promulgate a separate affidavit |
|---|
| 294 | 311 | | form for individuals and for business entities or trusts to comply |
|---|
| 295 | 312 | | with the requirements of this section. The Attorney General may |
|---|
| 296 | 313 | | establish additional exemptions which the Attorney General deems |
|---|
| 297 | 314 | | necessary to substantially comply with the requirements of this |
|---|
| 298 | 315 | | section. The county clerk may accept an affidavit in substanti al |
|---|
| 299 | 316 | | compliance with the affidavit form promulgated by the Attorney |
|---|
| 300 | 317 | | General. |
|---|
| 301 | 318 | | E. Notwithstanding any other law, no foreign principal shall |
|---|
| 302 | 319 | | acquire title to, or acquire a controlling interest in, any of the |
|---|
| 303 | 320 | | following: |
|---|