Virginia 2023 Regular Session

Virginia Senate Bill SB1438

Introduced
1/11/23  
Refer
1/11/23  
Report Pass
1/31/23  
Engrossed
2/3/23  
Refer
2/7/23  
Report Pass
2/8/23  
Enrolled
2/15/23  

Caption

Agricultural land; definitions, ownership by foreign adversaries prohibited, report.

Impact

The bill amends the Code of Virginia, inserting strict regulations to prevent foreign adversaries from obtaining agricultural land. Any acquisition of land in violation of this law will be considered void, with the title reverting to the Commonwealth. The legislation aims to protect the health, safety, and welfare of Virginia's citizens, particularly focusing on the agricultural sector that is critical to the state's economy and food supply. Notably, this will impact existing foreign ownership and is likely to affect the agricultural economy while requiring vigilance from local governments and legal entities to initiate actions against violators.

Summary

SB1438 is a legislative bill aimed at prohibiting foreign adversaries from acquiring interests in agricultural land within the Commonwealth of Virginia. The bill defines a 'foreign adversary' as any foreign government or individual that has been determined to have engaged in conduct significantly adverse to the national security of the United States. The immediate implication of this bill is a heightened scrutiny and regulation of agricultural land ownership, aligning state policies with national security concerns. It marks a significant shift in how the Commonwealth addresses foreign investment in vital sectors like agriculture, arguing a need to safeguard local interests against potential threats.

Sentiment

The sentiment surrounding SB1438 appears to be largely supportive among those prioritizing state security and agricultural integrity. Proponents argue that the legislation is essential for ensuring that agricultural land remains in the hands of trustworthy entities, enhancing overall food security and safety. However, there are concerns raised about the potential economic ramifications of such restrictions, particularly regarding foreign investment that supports local economies. This division of sentiment underscores the complexities of balancing national security with economic growth.

Contention

Notable points of contention include the implications this bill has for existing foreign landowners and the mechanisms for enforcing the prohibitions laid out within it. Critics may argue about the interpretation of 'foreign adversary' and the associated risks of overly broad definitions potentially infringing on legitimate foreign investments. Furthermore, legal challenges may arise concerning the retroactive effects of nullifying prior transactions, which can lead to complicated legal disputes over property rights. The discussion around SB1438 highlights ongoing tensions between maintaining national security and fostering an open, competitive economy.

Companion Bills

VA HB2325

Same As Agricultural land; definitions, ownership by foreign adversaries prohibited, report.

Similar Bills

VA HB2325

Agricultural land; definitions, ownership by foreign adversaries prohibited, report.

VA SB295

Foreign adversaries; restrictions, civil penalty.

KY SB284

AN ACT relating to the acquisition and ownership of real property by a foreign principal.

VA SB693

Residential land; prohibited acquisition, restrictions, civil penalty.

VA SB693

Residential land; prohibited acquisition, restrictions, civil penalty.

VA HB892

Farmland Preservation, Office of; transfers Office to Dept. of Forestry.

VA SB616

Farmland Preservation, Office of; transfers Office to Dept. of Forestry.