Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB7 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	2025 - 2026 LEGISLATURE
2	2	LRB-0067/1
3	3	KRP:amn
4	4	2025 SENATE BILL 7
5	5	January 24, 2025 - Introduced by Senators JACQUE, CABRAL-GUEVARA and NASS,
6	6	cosponsored by Representatives PENTERMAN, BEHNKE, ALLEN, ARMSTRONG,
7	7	BRILL, BROWN, DITTRICH, GOEBEN, GREEN, B. JACOBSON, KREIBICH, MAXEY,
8	8	MURPHY, MURSAU, O'CONNOR, PIWOWARCZYK, SORTWELL, STEFFEN,
9	9	WICHGERS and TUSLER. Referred to Committee on Agriculture and Revenue.
10	10	AN ACT to renumber and amend 710.02 (1) and 710.02 (9); to amend 710.02
11	11	(2) (intro.), 710.02 (3), 710.02 (5) (a) (intro.), 710.02 (5) (a) 1., 710.02 (5) (a) 2.
12	12	and 710.02 (6); and to create 710.02 (1g), 710.02 (1r) (d) and 710.02 (9) (b) of
13	13	the statutes; relating to: prohibiting a foreign adversary from acquiring
14	14	agricultural or forestry land in this state.
15	15	Analysis by the Legislative Reference Bureau
16	16	This bill generally prohibits a foreign adversary from acquiring agricultural or
17	17	forestry land in this state. In the bill, “foreign adversary” means a foreign
18	18	government or nongovernment person determined by the federal secretary of
19	19	commerce to have engaged in a long-term pattern or serious instances of conduct
20	20	significantly adverse to the national security of the United States or security and
21	21	safety of U.S. persons.
22	22	Current law generally prohibits a nonresident alien or a corporation that is
23	23	not created under federal law or the laws of any state (foreign person) from
24	24	acquiring, owning, or holding more than 640 acres of land in this state. However,
25	25	that prohibition does not apply to any of the following activities:
26	26	1. An exploration mining lease and land used for certain mining and
27	27	associated activities. 2025 - 2026 Legislature
28	28	SENATE BILL 7
29	29	- 2 - LRB-0067/1
30	30	KRP:amn
31	31	2. Certain manufacturing activities.
32	32	3. Certain mercantile activities.
33	33	4. A lease for exploration or production of oil, gas, coal, shale, and related
34	34	hydrocarbons, including by-products of the production, and land used in connection
35	35	with the exploration or production.
36	36	Those exceptions have been interpreted to be “extremely broad, embracing
37	37	almost every conceivable business activity [other than a]ctivities relating to
38	38	agriculture and forestry.” See Opinion of Wis. Att’y Gen., OAG 11-14, ¶5, available
39	39	at https://www.doj.state.wi.us. In other words, under current law, a foreign person
40	40	may acquire, own, and hold unlimited amounts of land for most nonagricultural
41	41	and nonforestry purposes, but a foreign person may not acquire, own, or hold more
42	42	than 640 acres of land for agricultural or forestry purposes.
43	43	The bill retains the current law restriction on foreign person ownership of
44	44	agricultural and forestry land and adds a provision that prohibits a foreign
45	45	adversary from acquiring any land for agricultural or forestry purposes.
46	46	The people of the state of Wisconsin, represented in senate and assembly, do
47	47	enact as follows:
48	48	SECTION 1. 710.02 (1) of the statutes is renumbered 710.02 (1r) and amended
49	49	to read:
50	50	710.02 (1r) LIMITATION. The following persons may not acquire, own, or hold
51	51	any interest, directly or indirectly, except an interest used to secure repayment of a
52	52	debt incurred in good faith, in more than 640 acres of land in this state in excess of
53	53	the following amounts:
54	54	(a) Aliens Except as provided in par. (d), aliens not residents of a state of the
55	55	United States, not more than 640 acres.
56	56	(b) Corporations Except as provided in par. (d), corporations not created under
57	57	the laws of the United States or a state of the United States, not more than 640
58	58	acres.
59	59	(c) 1. Corporations Except as provided in par. (d), corporations, limited
60	60	liability companies, partnerships, or associations having more than 20 percent of 2025 - 2026 Legislature
61	61	SENATE BILL 7
62	62	- 3 - LRB-0067/1
63	63	KRP:amn
64	64	SECTION 1
65	65	their stock, securities, or other indicia of ownership held or owned by persons under
66	66	par. (a) or (b), not more than 640 acres.
67	67	2. Trusts Except as provided in par. (d), trusts having more than 20 percent of
68	68	the value of their assets held for the benefit of persons under par. (a) or (b), not more
69	69	than 640 acres.
70	70	SECTION 2. 710.02 (1g) of the statutes is created to read:
71	71	710.02 (1g) DEFINITION. In this section, “foreign adversary” means a foreign
72	72	government or nongovernment person determined by the federal secretary of
73	73	commerce to have engaged in a long-term pattern or serious instances of conduct
74	74	significantly adverse to the national security of the United States or security and
75	75	safety of U.S. persons.
76	76	SECTION 3. 710.02 (1r) (d) of the statutes is created to read:
77	77	710.02 (1r) (d) Foreign adversaries may not acquire, own, or hold any land in
78	78	this state.
79	79	SECTION 4. 710.02 (2) (intro.) of the statutes is amended to read:
80	80	710.02 (2) EXCEPTIONS. (intro.) Except as provided in sub. (3), sub. (1) (1r)
81	81	does not apply to:
82	82	SECTION 5. 710.02 (3) of the statutes is amended to read:
83	83	710.02 (3) USE OF LAND RESTRICTED. Land in excess of 640 acres, acquired by
84	84	a A person listed under sub. (1) (1r), other than a person listed under sub. (2) (a),
85	85	(b), or (c), that acquires land in excess of the amount allowed under sub. (1r) for an
86	86	activity listed under sub. (2) (d), (e), (f), or (g), may not be used directly or indirectly
87	87	by that person use the land for any activity not listed under sub. (2) (d), (e), (f), or 2025 - 2026 Legislature
88	88	SENATE BILL 7
89	89	- 4 - LRB-0067/1
90	90	KRP:amn
91	91	SECTION 5
92	92	(g). Pending the conversion and development of the land for a purpose permitted
93	93	allowed under sub. (2) (d), (e), (f), or (g), it the person may be used use the land for
94	94	agriculture or forestry purposes under a lease to a person not subject to sub. (1) (1r).
95	95	Products of the land may be sold by the lessee to the owner of the land.
96	96	SECTION 6. 710.02 (5) (a) (intro.) of the statutes is amended to read:
97	97	710.02 (5) (a) (intro.) Interests exceeding 640 acres the amounts allowed
98	98	under sub. (1r) that are acquired by persons under sub. (1) (1r) shall be divested at
99	99	the discretion of the holder to comply with sub. (1) (1r) within 4 years after:
100	100	SECTION 7. 710.02 (5) (a) 1. of the statutes is amended to read:
101	101	710.02 (5) (a) 1. Acquiring the interest, if the interest is described under sub.
102	102	(2) (a) and the person is subject to sub. (1) (1r) (a) or (b).
103	103	SECTION 8. 710.02 (5) (a) 2. of the statutes is amended to read:
104	104	710.02 (5) (a) 2. Acquiring the interest or becoming subject to sub. (1) (1r) (c),
105	105	whichever is later, if the person is subject to sub. (1) (1r) (c).
106	106	SECTION 9. 710.02 (6) of the statutes is amended to read:
107	107	710.02 (6) FORFEITURES. Interests in lands in excess of 640 acres the amounts
108	108	allowed under sub. (1r) that are acquired or held in violation of this section are
109	109	forfeited to the state. The holder of the interest shall determine which lands are to
110	110	be forfeited to comply with sub. (1) (1r).
111	111	SECTION 10. 710.02 (9) of the statutes is renumbered 710.02 (9) (a) and
112	112	amended to read:
113	113	710.02 (9) (a) This Except as provided in par. (b), this section applies to 2025 - 2026 Legislature
114	114	SENATE BILL 7
115	115	- 5 - LRB-0067/1
116	116	KRP:amn
117	117	SECTION 10
118	118	interests in land acquired after July 1, 1982. No interest acquired before July 1,
119	119	1982, is subject to divestiture or forfeiture under this section.
120	120	SECTION 11. 710.02 (9) (b) of the statutes is created to read:
121	121	710.02 (9) (b) Subsection (1r) (d) applies to interests in land acquired by a
122	122	foreign adversary on or after the first day of the first month beginning after the
123	123	effective date of this paragraph .... [LRB inserts date], or the date on which the
124	124	federal secretary of commerce determines the person is a foreign adversary,
125	125	whichever occurs later. No interest acquired by the foreign adversary before the
126	126	date on which sub. (1r) (d) first applies, as specified in this paragraph, is subject to
127	127	divestiture or forfeiture under this section.
128	128	(END)