Title 43 — PROPERTY

Terms used in this chapter mean: (1) "Agricultural land," land capable of being used in the production of: (a) Agricultural crops; (b) Fruit and other horticultural products; (c) Livestock or livestock products; (d) Milk or dairy products; (e) Poultry or poultry products; or (f) …

The following provisions apply to the ownership or leasing of agricultural land in this state: (1) A prohibited entity may not own agricultural land in this state; (2) A prohibited entity may not lease or hold an easement on agricultural land in this state, unless: (a) The lease …

Any foreign entity, foreign government, foreign person, or prohibited entity that acquires agricultural land in this state by devise or descent, in violation of this chapter, has three years from the transfer of ownership to dispose of the land. Any foreign entity who violates th…

The prohibitions of § 43-2A-2 do not apply to agricultural lands acquired by process of law in the collection of debts, or by any procedure for the enforcement of a lien or claim thereon, whether created by mortgage or otherwise. However, all agricultural lands so acquired shall …

Any foreign person who is or becomes a resident may acquire and hold agricultural land in this state, upon the same terms as a resident of this state, during the continuance of the residency. If the foreign person ceases to be a resident, the foreign person has three years from t…

Any agricultural land owned in violation of this chapter is forfeited to the state. Any agricultural land lease, or easement, held by a prohibited entity in violation of this chapter, is terminated. The attorney general shall enforce the forfeiture or the termination of a lease o…

The Department of Agriculture and Natural Resources shall refer evidence of noncompliance to the attorney general, who shall investigate the evidence for violations of this chapter. The attorney general may bring an action pursuant to title 15 to enforce this chapter. After the a…

The attorney general shall prove any violation of § 43-2A-2 by a preponderance of the evidence. Source: SL 2024, ch 176 , § 8.

A foreign entity, foreign government, foreign person, or prohibited entity, whose agricultural land interest was forfeited by an enforcement action brought by the attorney general, may appeal within thirty days of the judgment, pursuant to chapter 15-26A . Source: SL 2024, ch 176…

The Department of Agriculture and Natural Resources shall review: (1) Any report received by the department in accordance with § 43-2A-7.1 ; (2) Any report transmitted to the department pursuant to the Agricultural Foreign Investment Disclosure Act of 1978, 7 U.S.C. § 3505 (Janua…

Any person required to submit a report to the United States Department of Agriculture in accordance with the Agricultural Foreign Investment Disclosure Act of 1978, 7 U.S.C. § 3501 et seq. (January 1, 2024) shall file a copy of the required report with the secretary of the Depart…

This chapter does not apply to agricultural land owned by a foreign entity, a foreign government, or a foreign person for an immediate or potential nonagricultural use. A foreign entity, a foreign government, or a foreign person may hold agricultural land in an amount necessary f…