South Carolina H 3408: Foreign ownership of real estate

Bill Text

2025-2026 Bill 3408 Text of Previous Version (Apr. 21, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3408

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Amended

April 21, 2026

H. 3408

Introduced by Reps. Haddon, Forrest, Gilliam, 
Ligon, Taylor, C. Mitchell, Pope, Magnuson, Pedalino, McCravy, Chumley, Hixon, 
W. Newton, Calhoon, D. Mitchell, Cromer, Gilreath, Duncan, M. M. Smith and 
Gibson 

S. Printed 4/21/26--H.

Read the first time January 14, 2025

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 
27-1-80 SO AS TO PROVIDE THAT CERTAIN COMPANIES OWNED, IN WHOLE OR IN PART, BY 
ANY UNITED STATES-DECLARED FOREIGN ADVERSARY MAY NOT OWN, LEASE, POSSESS, OR 
EXERCISE ANY CONTROL OVER ANY REAL ESTATE IN THIS STATE AND TO PROVIDE THAT 
FRAUDULENT TRANSACTIONS ARE VOID.

 Amend Title To Conform

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Chapter 1, Title 27 of the S.C. Code is amended by 
adding:

 Section 
27-1-80. (A) For the purposes of this section:

 (1) 
"Agricultural land" means real estate in South Carolina used or zoned in a 
manner that would permit the use of the real estate for an agricultural 
operation.

 (2) 
"Agricultural operation" means any operation devoted to the bona fide 
production of crops, animals, or fowl, including the production of fruits and 
vegetables of any kind; meat, dairy, and poultry products; nuts, tobacco, 
nursery, and floral products; and the production and harvest of products from 
silvicultural activity.

 (3) 
"Department" means the South Carolina Department of Agriculture.

 (4) 
"Foreign adversary" means any foreign government or nongovernment person 
determined by the U.S. Secretary of Commerce to have engaged in a long-term 
pattern or serious instances of conduct significantly adverse to the national 
security of the United States or security and safety of United States persons, 
as set forth in 15 C.F.R. Subsection 791.4 or such successor regulation, 
declaration, or statute as may exist from time to time.

 (5)(a) "Interest in agricultural land" 
means any right, title, or interest, direct or indirect, in and to: 

 (i) 
agricultural land; or 

 (ii) 
any entity or other organization that holds any right, title, or interest, 
direct or indirect, in and to agricultural land. 

 (b) 
For purposes of this item, any interest that taken on its own or together with 
any other interest held in common or under common control does not give the 
holder of the interest the ability to possess or occupy the agricultural land 
in any manner or the power or authority to direct the conduct of the 
agricultural operation being conducted on the agricultural land, shall not be 
deemed an "interest in agricultural land" for purposes of this section.

 (B) 
Notwithstanding any other provision of law, in order to protect the health, 
safety, and welfare of all citizens of the State, on and after July 1, 2026, no 
foreign adversary shall acquire any interest in agricultural land in South 
Carolina.

 (C) Any 
acquisition of any interest in agricultural land in violation of this section 
is void, and title to such interest in agricultural land is considered to be 
vested as of the date of such purported acquisition in the name of this State 
without any payment of consideration of any kind by this State. The foreign 
adversary purporting to acquire such interest in agricultural land is barred 
from making a claim against any party for restitution of the purchase price 
paid by such foreign adversary in connection with the interest in agricultural 
land or for any other kind of payment relating to the foreign adversary's loss 
or lack of title to the interest in agricultural land. Any lien that has 
attached to the interest in agricultural land during the foreign adversary's 
purported acquisition or ownership remains a valid lien against the interest 
during such time as the interest is held by this State except that such lien 
may not be subject to foreclosure during the period of this state's ownership, 
nor may this State be subject to the terms of any agreement giving rise to the 
lien. This State may hold or dispose of such interest in agricultural land in 
any proper manner.

 (D) 
Notwithstanding the provisions in subsection (C), if the foreign adversary has 
subsequently sold or transferred the interest in agricultural land to a person 
or entity that is not a foreign adversary, title to such interest in 
agricultural land shall be vested in the subsequent non-foreign adversary 
purchaser or transferee and is valid as if the purported acquisition of such 
interest in agricultural land by a foreign adversary has not occurred.

 (E)(1) If an interest in agricultural land 
has been acquired in violation of this section, a county, city, or town 
attorn