North Carolina HB 133: NC Farmland and Military Protection Act.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025

SESSION LAW 2026-54
HOUSE BILL 133

*H133-v-6*
AN ACT TO PROHIBIT THE ACQUISITION OF AGRICULTURAL LANDS OR LANDS
ADJACENT TO MILITARY INSTALLATIONS BY CERTAIN ADVERSARIAL
ENTITIES; TO PROVIDE FOR THE DIVESTMENT OF THOSE LANDS; AND TO
PROVIDE FOR DOCUMENTATION AND REGISTRATION OF LAND OWNERSHIP
BY CERTAIN ADVERSARIAL ENTITIES.

The General Assembly of North Carolina enacts:

SECTION 1. Chapter 64 of the General Statutes is amended by adding a new Article
to read:
"Article 4.
"Prohibit Adversarial Foreign Party Acquisition of Certain Lands.
"§ 64-60. Title.
This act shall be known and be cited as the North Carolina Farmland and Military Protection
Act.
"§ 64-61. Purpose.
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 are
able to produce a safe, abundant, and affordable supply of food and fiber and to protect our
national security for the benefit of the people of this State and the United States.
"§ 64-62. Definitions.
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 situated in this State that is used for agricultural
production purposes as defined in G.S. 106-581.1(1) through (4). The term
does not include land situated in this State that is leased for agricultural
research and development purposes or other activities for the purpose of
producing inputs or products for farmers or other end users, provided that the
acreage leased by the lessee does not exceed 250 acres in the aggregate.
(3) De minimis direct interest. – Any ownership of land resulting from:
a. Ownership of registered equities in a publicly traded company owning
the land and if the ownership interest in the company is either of the
following:
1. Less than ten percent (10%) of any class of registered equities.
Ownership of registered equities is determined by processes
established under federal law.
2. A noncontrolling interest in an entity controlled by a company
that is both registered with the United States Securities and
Exchange Commission as an investment adviser under the

Page 2 Session Law 2026-54 House Bill 133
Investment Advisers Act of 1940, as amended, and is not a
foreign entity.
b. Any passive ownership interest of a prohibited foreign party in an
entity, provided that the prohibited foreign party does not possess, by
virtue of that ownership interest or otherwise, the power to direct or
cause the direction of the management or policies of the entity with
respect to the interest in real property.
(4) Foreign government. – Any government other than: (i) the federal
government, (ii) the government of a state, (iii) a political subdivision of a
state, or (iv) federally or state recognized tribal governments.
(5) Interest. – Any estate, remainder, or reversion, or any portion of the estate,
remainder, or reversion, or an option pursuant to which one party has a right
to cause the transfer of legal or equitable title to land described in
G.S. 64-63(a), including, without limitation, a lease of land described in
G.S. 64-63(a): (i) for a term of one year or longer or (ii) renewable by option
for terms which, if the options were all exercised, would total one year.
(6) Military installation. – Fort Bragg, Pope Army Airfield, Marine Corps Base
Camp Lejeune, New River Marine Corps Air Station, Cherry Point Marine
Corps Air Station, Military Ocean Terminal at Sunny Point, the United States
Coast Guard Air Station at Elizabeth City, Naval Support Activity Northwest,
Air Route Surveillance Radar (ARSR-4) at Fort Fisher, North Carolina
National Guard facilities, and Seymour Johnson Air Force Base, in its own
right and as the responsible entity for the Dare County Bombing Range, and
any military training facility located within the State that is subject to the
installations' oversight and control. Military installation does not include
churches, schools, offices, or residential facilities outside the defined
boundaries of the above named facilities, and does not include temporary
military operations areas. The North Carolina Real Estate Commission, in
coordination with the Department of Military and Veterans Affairs, will
develop, publish, and maintain a map with the bases and lines drawn for the
applicable mileage from the military boundaries for public use.
(7) Party. – Any corporation, company, association, firm, partnership, society,
joint-stock company, trust, estate, or any other legal entity.
(8) Prohibited foreign party. – Any of the following:
a. An adversarial foreign government or a foreign government formed
within an adversarial foreign