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Limits on Land Acquisitions: Three States Amend Their Foreign Ownership Laws

Since January 2024, the majority of states have proposed at least one piece of legislation to prohibit or restrict foreign investments...

South Dakota Amends State Restriction on Foreign Acquisitions of Ag Land

On March 4, 2024, South Dakota Governor Kristi Noem signed into law House Bill 1231 (“HB 1231”) which amends a state...

Eleventh Circuit Narrowly Blocks Florida From Enforcing Foreign Ownership Law

On February 1, 2024, the U.S. Court of Appeals for the Eleventh Circuit granted a partial injunction in favor of two...

Who Owns the Ag Land? Congress Considering Changes to the Federal Reporting Regime

On January 25, 2024, Senator Mike Braun (R-IN) introduced the AFIDA Improvements Act of 2024 (S. 3666) which seeks to amend...

Legal Issues with Land Trusts: Tax Benefits and the IRS Crackdown

As conservation has grown as a priority for both those in the private and public sectors, tools like nonprofit land trusts...

USDA Proposes Updates to Foreign Held Agricultural Land Reporting

Recently, the U.S. Department of Agriculture’s (“USDA”) announced that it is seeking public feedback—due by February 16, 2024—on how foreign persons...

Legal Issues with Land Trusts: What uses are permitted on the land?

With an increased interest in conservation and land preservation, the use of legal tools like land trusts and conservation easements have...

Who Owns the Business? Corporate Transparency Act and Foreign Entity Disclosures

As previously discussed, the Agricultural Foreign Investment Disclosure Act (“AFIDA”) (7 U.S.C. §§ 3501–3508) contains reporting requirements mandating that certain foreign...

“Top Ten” Issues in Ag & Env Law: 2023 Edition

In the world of agricultural law, 2023 was a year for significant developments and changes.  In summary below, attorneys at the...

Legal Issues with Land Trusts: What is a Land Trust?

As an interest in land conservation has grown among both the public and private sectors in the last decade, land trusts...

Spotlighting State Restrictions on Foreign Land Investments: Louisiana – Part Two

The Louisiana Constitution permits “[e]very person…the right to acquire, own, control, use,…private property.” La. Const. Ann. art. I, § 4. However,...

Spotlighting State Restrictions on Foreign Land Investments: Louisiana – Part One

The Louisiana Constitution permits “[e]very person…the right to acquire, own, control, use,…private property.” La. Const. Ann. art. I, § 4. However,...

Spotlighting State Restrictions on Foreign Land Investments: Arkansas – Part Two

On April 11, 2023, Arkansas Governor Sarah Huckabee Sanders signed into law Senate Bill 383 (“SB 383”) which seeks to restrict...

Spotlighting State Restrictions on Foreign Land Investments: Arkansas – Part One

On April 11, 2023, Arkansas Governor Sarah Huckabee Sanders signed into law Senate Bill 383 (“SB 383”) which seeks to restrict...

Good Husbandry in Agricultural Leases

According to the U.S. Department of Agriculture’s Economic Research Service, approximately 39 percent of U.S. farmland in the contiguous 48 states...

Spotlighting State Restrictions on Foreign Land Investments: Alabama

On May 31, 2023, Alabama Governor Kay Ivey signed into law the Alabama Property Protection Act (codified under Ala. Code §...

State Proposals on Restricting Foreign Ownership of Farmland: Part Eight

In the past two years or so, as discussed in the first article of this series, the issue of restricting foreign...

Resources at a Glance: Foreign Ownership of Ag Land

General Resources Foreign Ownership of Agricultural Land: FAQs & Resource Library This resource is intended to provide resources and answers to...

Federal Judge Decides Not to Halt Enforcement of Florida’s Foreign Ownership Law

In May 2023, a group of Chinese citizens living in Florida and a real estate brokerage firm—whose clients are primarily Chinese...

Florida’s Newly Enacted Foreign Ownership Law: Part Two

On May 8, 2023, Governor Ron DeSantis signed into law Senate Bill 264 (“SB 264”) (codified Fla. Stat. Ann. §§ 692.201-205),...