WEST virginia legislature
2025 regular session
Introduced
Senate Bill 530
By Senators Rose, Thorne, and Martin
[Introduced February 19, 2025; referred to the Committee on the Judiciary]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §37-1-5a, relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities.
Be it enacted by the Legislature of West Virginia:
## ARTICLE 1. LANDS OF INFANTS, INSANE PERSONS, OR CONVICTS, AND LANDS HELD IN TRUST.
(a) Definitions. - For the purposes of this section:
(1) "Alien" means any individual who is not a citizen or lawful permanent resident of the United States.
(2) "Foreign Entity" includes any corporation, company, association, partnership, or other entity formed under the laws of a foreign country.
(3) "Designated Country" means countries deemed by the West Virginia Secretary of State to pose a significant risk to national security, including but not limited to China, Russia, Iran, and North Korea or any other country so designated by executive order or legislative action.
(b) Prohibition. - No governmental entity of a designated country, no entity controlled by or acting on behalf of the government of a designated country, or no individual or entity from a designated country may purchase or acquire title to real property within this state, except as provided in this section. Any entity or individual described above who does not fall under the exceptions listed in subsection (c) who continues to own land shall sell that land within 180 days. All foreign entities and individuals described above shall file within 60 days to the Department of Agriculture with a description of the amount and type of land owned.
(c) Exceptions. - This section does not apply to:
(1) An individual who is a citizen or lawful permanent resident of the United States, including those who are citizens of foreign countries but have U.S. citizenship or permanent residency status.
(2) Real property that qualifies as an individual's residence homestead, as defined by West Virginia law.
(3) Leasehold interests in land or improvements constructed upon a leasehold, provided such interests do not exceed a term of five years.
(d) Enforcement. -
(1) The Attorney General of West Virginia is authorized to investigate and enforce violations of this section.
(2) If the Attorney General has reason to believe that a violation has occurred, they may bring an action for injunctive relief, divestment, or to place the property under receivership in a circuit court of the county where the real property is located.
(3) Upon finding a violation, the court may appoint a receiver to manage and dispose of the property in accordance with §44-2-1 et seq. of this code, with the proceeds from such disposal to be managed as directed by the court.
(e) Rulemaking. - The Attorney General may promulgate rules, in accordance with the provisions of §29A-3-1 et seq. of this code necessary to implement this section.
(f) Severability. - If any provision of this section or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable.
NOTE: The purpose of this bill relates to the purchase of or acquisition of title to real property by certain aliens or foreign entities.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.