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NebraskaLB7109th Legislature 1st and 2nd SessionslegislatureWALLET

Change provisions relating to real estate and the Foreign-owned Real Estate National Security Act

Sponsored By: Barry DeKay

Signed by Governor

Agriculture Committee

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 1 benefits, 2 costs, 2 mixed.

Energy and factory real estate rules

Companies and nonresident aliens can hold oil and gas leases for up to ten years and longer while production continues. Restricted entities and their agents cannot get or keep these leases and face divestment if they do. Restricted entities also cannot buy or expand real estate for manufacturing or petroleum storage or distribution unless they had a CFIUS national security agreement on January 1, 2025 and keep it. They must certify that agreement to the Department of Agriculture within 30 days after January 1, 2025 and each year by January 15 starting in 2026.

City zones and utilities mostly exempt

The law does not apply to property inside a city or village or within three miles of those limits, and it does not apply to certain manufacturing or industrial sites. Land needed for railroads, public utilities, and common carriers is also exempt. Restricted entities and their agents do not get these exemptions and can still face divestment.

Affidavit required to record deeds

If you buy covered real estate, you must sign an affidavit saying you are not tied to a foreign government or a listed foreign adversary (as of February 7, 2025). The county will not record the conveyance until it receives the affidavit, and it sends a copy to the Attorney General. Lying on the affidavit is a crime. Not filing the affidavit does not by itself void the title.

New limits on foreign land buys

Beginning January 1, 2025, nonresident aliens, foreign companies, and foreign governments cannot buy Nebraska real estate or take leases over five years unless the law allows it. The law updates who counts as foreign or restricted using federal rules and lists dated January 1, 2025. Any property taken in violation on or after January 1, 2025 is subject to forced sale. Buyers must also follow the federal Agricultural Foreign Investment Disclosure Act when it applies.

Fines and 180 day divestment process

Anyone can report a suspected violation. The Department of Agriculture investigates, and the Attorney General can subpoena and notify a restricted entity. The entity has 30 days to say if it will sell; if yes, it gets 180 days to divest. The state can fine up to $50,000 per parcel and ask a court to force a sale or appoint a receiver. Private people and companies do not have to check others’ status and face no penalty for not doing so.

Sponsors & Cosponsors

Sponsor

  • Barry DeKay

    legislature

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 264 • No: 0

legislature vote • 4/24/2026

Vote

Yes: 44 • No: 0 • Other: 5

legislature vote • 4/24/2026

Vote

Yes: 43 • No: 0 • Other: 6

legislature vote • 4/3/2025

Final Reading

Yes: 47 • No: 0 • Other: 2

legislature vote • 2/27/2025

Vote

Yes: 43 • No: 0 • Other: 6

legislature vote • 2/27/2025

Vote

Yes: 44 • No: 0 • Other: 5

legislature vote • 2/27/2025

Vote

Yes: 43 • No: 0 • Other: 6

Actions Timeline

  1. Approved by Governor on April 7, 2025

    4/8/2025legislature

  2. Dispensing of reading at large approved

    4/3/2025legislature

  3. Passed on Final Reading 47-0-2

    4/3/2025legislature

  4. President/Speaker signed

    4/3/2025legislature

  5. Presented to Governor on April 3, 2025

    4/3/2025legislature

  6. Placed on Final Reading

    3/19/2025legislature

  7. Enrollment and Review ER22 adopted

    3/11/2025legislature

  8. Advanced to Enrollment and Review for Engrossment

    3/11/2025legislature

  9. Placed on Select File with ER22

    3/5/2025legislature

  10. Enrollment and Review ER22 filed

    3/5/2025legislature

  11. DeKay AM310 adopted

    2/27/2025legislature

  12. Agriculture AM77 adopted

    2/27/2025legislature

  13. Advanced to Enrollment and Review Initial

    2/27/2025legislature

  14. DeKay AM310 to AM77 filed

    2/20/2025legislature

  15. Placed on General File with AM77

    2/10/2025legislature

  16. Agriculture AM77 filed

    2/10/2025legislature

  17. Notice of hearing for January 28, 2025

    1/21/2025legislature

  18. Referred to Agriculture Committee

    1/13/2025legislature

  19. Date of introduction

    1/9/2025legislature

Bill Text

  • Introduced

    4/8/2025

    PDF

  • Enrolled / Slip Law

    PDF

  • Final / Enacted

    PDF

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