HOMELAND SECURITY: Allows for expropriation of land near military bases that is owned by foreign adversaries or agents of foreign adversaries when the ownership poses a threat to public health and safety. (gov sig) (EN SEE FISC NOTE GF EX)

State can take foreign adversaries’ land

Louisiana’s Military Department can take land within 50 miles of a military base to remove a public health or safety threat. The land must be purchased, leased, possessed, owned, held, or controlled by a foreign adversary or its agent. The rule applies regardless of when the property was acquired. Covered bases include federal and state military facilities and Civil Air Patrol facilities. Foreign adversaries are identified through federal Commerce Department rules and Treasury sanctions records. Agents include people or organizations directed by a foreign adversary and those meeting the law’s ownership or control tests. These tests include control over management, at least 50% of voting rights, or rights to at least 50% of profits. They also cover companies headquartered in an adversary country, controlled by its government, or majority-owned by its citizens, and qualifying subsidiaries. Citizens of an adversary country are covered unless they are U.S. lawful permanent residents; other agency tests can still apply. The department must follow state court and property-acquisition rules, show compliance, and describe the threat in its court filing. Any taking must serve a public purpose and meet state constitutional protections. Owners must receive just compensation for their full loss before ownership transfers. Before final judgment, owners can avoid the taking through a genuine sale or transfer to an eligible person or organization. The new owner cannot be a foreign adversary or agent, or act for or under an adversary’s direction or control. After a valid transfer, the department must notify the court, and the court must dismiss the case.