Req. No. 846 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 846 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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; Req. No. 846 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 846 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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; Req. No. 846 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 846 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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