Oklahoma 2025 2025 Regular Session

Oklahoma Senate Bill SB727 Introduced / Bill

Filed 01/15/2025

                     
 
 
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STATE OF OKLAHOMA 
 
1st Session of the 60th Legislature (2025) 
 
SENATE BILL 727 	By: Weaver 
 
 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to foreign ownership of land; 
amending 60 O.S. 2021, Section 121, as last amended 
by Section 1, Chapter 373, O.S.L. 202 4 (60 O.S. Supp. 
2024, Section 121), which relates to prohibition of 
alien or foreign government adversary ownership of 
land; defining terms; prohibiting foreign adversary 
company ownership of land in this state; 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: 
1.  “Deed” means any instrument in writing whereby land is 
assigned, transferred, or otherwise conveyed to, or vested in, the   
 
 
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person coming into title or, at his or her direction, any oth er 
person; 
2.  “Country of Particular Concern” means any country designated 
by the United States Secretary of State as hostile or a Country of 
Particular Concern (CPC); 
3.  “Foreign adversary company ” means any company other than a 
U.S. person or U.S. subs idiary as defined in 15 C.F.R. , Section 
772.1 that: 
a. is domiciled, incorporated, issued, or listed in a 
CPC, 
b. is headquartered in a CPC, 
c. has its principal place of business in a CPC, 
d. is controlled by the government of a CPC or the 
military or ruling political party of a CPC , or 
e. is majority-owned by an entity controlled by the 
government of a CPC or the military or ruling 
political party of a CPC. 
If a parent company does not meet any of the criteria listed in 
this paragraph and does not recogni ze more than fifty percent (50%) 
of the total annual global revenue of the parent company and 
subsidiaries from a CPC, the parent company shall not be considered 
a foreign adversary company solely because one or more subsidiaries 
or affiliates meets the cr iteria set forth in subparagraph a of this 
paragraph;   
 
 
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4. “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 United States 
Secretary of State as hostile or a Country of Particular Concern 
(CPC); 
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 controlling 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, territo ry, or 
possession of the United States; and 
5. 7.  “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, foreign adversary company, or foreign government adversary 
shall acquire title 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 
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   
 
 
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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 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. 
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 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 af fidavit 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 supplem ents 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;   
 
 
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3.  Transfer-on-death deed made by a grantor designating a 
grantee beneficiary pursuant to the Nontestamentary Tr ansfer 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 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 aff idavit 
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 requireme nts of this 
section.  The county clerk may accept an affidavit in substantial   
 
 
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compliance with the affidavit form promulgated by the Attorney 
General. 
SECTION 2.  This act shall become effective November 1, 2025. 
 
60-1-846 TEK 1/15/2025 11:20:32 AM