Chapter 64

It is lawful for aliens to take both by purchase and descent, or other operation of law, any lands, tenements or hereditaments, and to hold and convey the same as fully as citizens of this State can or may do, any law or usage to the contrary notwithstanding. (1870-1, c. 255; Cod…

Secretary of State to collect information as to foreign ownership of real property. [Repealed.] (1979, c. 610; repealed by Session Laws 2021-180, s. 37.11(a), effective November 18, 2021.)

All contracts to purchase or sell real estate by or with aliens, heretofore made, shall be deemed and taken as valid to all intents and purposes. (1870-1, c. 255, s. 2; Code, s. 8; Rev., s. 183; C.S., s. 193.)

The following definitions apply in this Article: (1) Commissioner. - The North Carolina Commissioner of Labor. (2) Employ. - Hire an employee. (3) Employee. - Any individual who provides services or labor for an employer in this State for wages or other remuneration. The term doe…

(a) Employers Must Use E-Verify. - Each employer, after hiring an employee to work in the United States, shall verify the work authorization of the employee through E-Verify. (b) Employer Preservation of E-Verify Forms. - Each employer shall retain the record of the verification …

(a) Preparation of Form. - The Commissioner shall prescribe a complaint form for a person to allege a violation of G.S. 64-26 or G.S. 143-133.3. The form shall clearly state that completed forms may be sent to the Commissioner. (b) Certain Information Not Required. - The complain…

(a) Filing of Complaint. - Any person with a good faith belief that a violation of G.S. 64-26 or G.S. 143-133.3 has occurred may file a complaint with the Commissioner setting forth the basis for that belief. The complaint may be on a form prescribed by the Commissioner pursuant …

(a) Investigation. - Upon receipt of a complaint filed in accordance with G.S. 64-28, the Commissioner shall investigate whether a violation of G.S. 64-26 or G.S. 143-133.3 has in fact occurred. (b) Certain Complaints Shall Not Be Investigated. - The Commissioner shall not invest…

No alien residing outside the United States or its territories shall be entitled to take personal property located in this State by succession or testamentary disposition if the laws of the nation of which such alien is a resident prohibit residents of the United States from inhe…

If, after an investigation, the Commissioner determines that the complaint is not false or frivolous: (1) If the alleged violation is of G.S. 64-26: a. The Commissioner shall hold a hearing to determine if a violation of G.S. 64-26 has occurred and, if appropriate, impose civil p…

(a) Affidavit Must Be Filed. - For a first violation of G.S. 64-26, the Commissioner shall order the employer to file a signed sworn affidavit with the Commissioner within three business days after the order issued pursuant to this subsection is issued. The affidavit shall state …

For a violation of G.S. 64-26 that occurs after an order has been issued pursuant to G.S. 64-31, the Commissioner shall order the measures required by G.S. 64-31(a) and shall also order the employer to pay a civil penalty of one thousand dollars ($1,000), regardless of the number…

For a violation of G.S. 64-26 that occurs after an order has been issued pursuant to G.S. 64-32, the Commissioner shall order the measures required by G.S. 64-31(a), and shall also order the employer to pay a civil penalty of two thousand dollars ($2,000) for each required employ…

For violation of G.S. 143-133.3, the Commissioner shall notify the board or governing body of the State, or of any institution of the State government, or of any political subdivision of the State, found to have committed the violation that the board or governing body of the Stat…

The Commissioner shall maintain copies of orders issued pursuant to G.S. 64-31, 64-32, and 64-33, and shall maintain a database of the employers and business locations that have a violation of G.S. 64-26 and make the orders available on the Commissioner's website. (2011-263, s. 3…

When investigating a complaint under this Article, the Commissioner shall verify the work authorization of the alleged unauthorized alien with the federal government pursuant to 8 U.S.C. § 1373(c). The Commissioner shall not attempt to independently make a final determination of …

A determination by the Commissioner pursuant to this Article shall be final, unless within 15 days after receipt of notice thereof by certified mail with return receipt, by signature confirmation as provided by the U.S. Postal Service, by a designated delivery service authorized …

The Commissioner may adopt rules needed to implement this Article. (2011-263, s. 3.)

This Article shall not be construed to require an employer to take any action that the employer believes in good faith would violate federal or State law. (2011-263, s. 3.)

If a decedent owning personal property located within North Carolina shall leave no heirs, heirs at law or devisees other than persons disqualified from inheritance under G.S. 64-3, then such personal property shall escheat. (1959, c. 1208; 1985 (Reg. Sess., 1986), c. 797, s. 2; …

The burden of proof in any action or proceeding to disqualify a nonresident alien from taking personal property located within this State by succession or testamentary disposition by reason of the provisions of G.S. 64-3, shall be upon the person asserting the disqualification. (…

This act shall be known and be cited as the North Carolina High Purity Quartz Protection Act. (2024-45, s. 10(a).)

The General Assembly finds that high purity quartz is a highly valuable resource used in the manufacture of semiconductors, optical fibers, circuit boards, and other technologically advanced components and it is therefore in the public interest for the State to guard its deposits…

As used in this Article, the following definitions apply: (1) Adversarial foreign government. - A state-controlled enterprise or the government of a foreign nation that has received a designation under 15 C.F.R. § 7.4 from a determination by the United States Secretary of Commerc…

(a) Notwithstanding any provision of law to the contrary, no adversarial foreign government shall purchase, acquire, lease, or hold any interest in the following: (1) A quartz mining operation. (2) Land containing commercially valuable amounts of high purity quartz. (b) Any trans…

This act shall be known and be cited as the North Carolina Farmland and Military Protection Act. (2026-54, s. 1.)

The General Assembly finds that it is in the public interest for the State to exercise its governmental police power to guard its agricultural land and military installations from the potential of adversarial foreign government control in order to ensure that the State's farmers …

As used in this Article, the following definitions apply: (1) Adversarial foreign government. - A state-controlled enterprise or the government of a country or group listed in International Traffic in Arms Regulation 22 C.F.R. § 126.1(d). (2) Agricultural land. - Any land situate…

(a) Notwithstanding any provision of law to the contrary, no prohibited foreign party shall purchase, acquire, lease, or hold any direct interest in the following: (1) Agricultural land. (2) Property situated within a 50-mile radius of a military installation. (b) A prohibited fo…

(a) Upon receipt of information that leads the Attorney General to believe that a violation of G.S. 64-63 may have occurred, the Attorney General shall investigate the alleged violation and may issue subpoenas requiring any of the following: (1) Appearances of witnesses. (2) Prod…