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NebraskaLB7109th Legislature 1st and 2nd Sessionslegislature

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

4 provisions identified: 0 benefits, 2 costs, 2 mixed.

Divestment timeline and $50K-per-parcel penalties

If the Attorney General suspects a violation, you get a notice and have 30 days to say if you will divest. If you choose to divest, you get a 180‑day grace period after that 30‑day window to complete the sale. You cannot transfer the property to a prohibited person; doing so can bring a civil penalty up to $50,000 per parcel. If you do not divest in time, a court can order a sale, appoint a receiver, end leases or easements, and set how sale money is paid out (taxes, court and sale costs, investigation and litigation costs, lienholders, then the rest to the State Treasurer). The Attorney General, retained counsel, and the Director of Agriculture run investigations and determinations. The law also repeals older sections to consolidate these divestment and enforcement rules.

Tighter limits on restricted energy and factory land

Restricted entities, and their agents or trustees, cannot get, own, or run oil, gas, or other hydrocarbon leases. They also cannot buy, own, or lease land to build factories or to store and sell petroleum unless they have either a CFIUS finding of no unresolved national security concerns with no covered change in control since that finding, or a national security agreement with CFIUS. Those that qualify must file a compliance certification with the Nebraska Department of Agriculture every year by January 15, starting January 15, 2026. Violations can lead to forced sale under section 76-3712.

Affidavit required for covered land sales

When you buy covered real estate, you must sign an affidavit saying you are not linked to a foreign adversary under 15 C.F.R. 791.4 (as of Feb 7, 2025). The county will not record the deed until it gets this affidavit and will send a copy to the Nebraska Attorney General. Lying on the form is a crime under section 28-915.01. The purchaser alone decides if the affidavit is required and is responsible for filing. Others do not have to check anyone’s status and have no liability under this law for not checking.

Who is covered or exempt from land limits

The law defines who counts as a person, nonresident alien, foreign corporation, foreign government, Indian tribe, and restricted entity. It uses OFAC sanctions lists as of Jan 1, 2025, and U.S. Commerce rules at 15 C.F.R. 791.4 as of Feb 7, 2025. People and entities from CFIUS “excepted real estate foreign states” (as of Jan 1, 2025) are exempt. But restricted entities and their agents do not get that exemption. Also, railroads, utilities, and common-carrier property is not exempt when held by restricted entities.

Sponsors & Cosponsors

Sponsor

  • Barry DeKay

    Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 264 • No: 0

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

legislature vote • Unknown

Vote

Yes: 43 • No: 0 • Other: 6

legislature vote • Unknown

Vote

Yes: 44 • No: 0 • Other: 5

Actions Timeline

  1. Approved by Governor on April 7, 2025

    4/7/2025legislature

  2. Presented to Governor on April 3, 2025

    4/3/2025legislature

  3. President/Speaker signed

    4/3/2025legislature

  4. Passed on Final Reading 47-0-2

    4/3/2025legislature

  5. Dispensing of reading at large approved

    4/3/2025legislature

  6. Placed on Final Reading

    3/19/2025legislature

  7. Advanced to Enrollment and Review for Engrossment

    3/11/2025legislature

  8. Enrollment and Review ER22 adopted

    3/11/2025legislature

  9. Enrollment and Review ER22 filed

    3/5/2025legislature

  10. Placed on Select File with ER22

    3/5/2025legislature

  11. Advanced to Enrollment and Review Initial

    2/27/2025legislature

  12. Agriculture AM77 adopted

    2/27/2025legislature

  13. DeKay AM310 adopted

    2/27/2025legislature

  14. DeKay AM310 to AM77 filed

    2/20/2025legislature

  15. Agriculture AM77 filed

    2/10/2025legislature

  16. Placed on General File with AM77

    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

    1/9/2025

    PDF

  • Enrolled / Slip Law

    PDF

  • Final / Enacted

    PDF

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