New York A 3440: Relates to prohibiting the acquisition or transfer of agricultural land by foreign adversaries

Bill Text

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A03440 Summary:

BILL NOA03440 

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SAME ASSAME AS S09665

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SPONSORSantabarbara

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §19, RP L

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Relates to prohibiting the acquisition or transfer of agricultural land by foreign adversaries after January 1, 2026; provides that such prohibition will not apply to any interest in agricultural land held by a foreign adversary prior to such date or any federally recognized Indian tribe or its government units and enterprises; defines terms.

Go to top A03440 Actions:

BILL NOA03440 

&nbsp

01/27/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA03440 Committee&nbspVotes:

Go to topA03440 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03440 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3440

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 27, 2025
 ___________

 Introduced by M. of A. SANTABARBARA -- read once and referred to the
 Committee on Judiciary

 AN ACT to amend the real property law, in relation to prohibiting the
 acquisition or transfer of agricultural land by foreign adversaries

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The real property law is amended by adding a new section 19
 2 to read as follows:
 3 § 19. Foreign adversary acquisition or transfer of agricultural land.
 4 1. For the purposes of this section, the following terms shall have the
 5 following meanings:
 6 (a) "agricultural land" means real estate used for an agricultural
 7 operation in the state.
 8 (b) "agricultural operation" means any operation devoted to the bona
 9 fide production of crops, animals, or fowl, including the production of
 10 fruits and vegetables of any kind; meat, dairy, and poultry products;
 11 nuts, tobacco, nursery, and floral products; and the production and
 12 harvest of products from silvicultural activity;
 13 (c) "controlling interest" means either possession of more than fifty
 14 percent of the ownership interests in an entity or a percentage owner-
 15 ship in an entity of fifty percent or less if such owner directs the
 16 business and affairs of such entity without the requirement or consent
 17 of any other party;
 18 (d) "department" means the department of agriculture and markets;
 19 (e) "foreign adversary" means any foreign government or nongovernment
 20 person determined by the United States secretary of commerce to have
 21 engaged in a long-term pattern or serious instances of conduct signif-
 22 icantly adverse to the national security of the United States or the
 23 security and safety of United States persons;
 24 (f) "interest" means any estate, remainder, or reversion, or portion
 25 of the estate, remainder, or reversion, or an option pursuant to which

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06665-01-5

 A. 3440 2

 1 one party has a right to cause legal or equitable title to agricultural
 2 land to be transferred.
 3 2. (a) Notwithstanding any other provision of law, on and after Janu-
 4 ary first, two thousand twenty-six, no foreign adversary shall acquire
 5 or transfer any interest in agricultural land in the state of New York.
 6 (b) This section shall not apply to (i) any interest in agricultural
 7 land held by a foreign adversary prior to January first, two thousand
 8 twenty-six, or (ii) any federally recognized Indian tribe or its govern-
 9 ment units and enterprises.
 10 (c) Any transfer of an interest in land in violation of this section
 11 shall be void.
 12 (d) This section shall not be applied in a manner inconsistent with
 13 any provision of any treaty between the United States and another coun-
 14 try.
 15 3. (a) Based on the reports submitted to it pursuant to the federal
 16 Agricultural Foreign Investment Disclosure Act, 7 U.S.C. § 3501 et seq.,
 17 and other information the department, at its discretion, deems appropri-
 18 ate, the department shall compile an annual report in consultation with
 19 the appropriate state agencies and boards for each calendar year
 20 containing all of the following, if available:
 21 (i) the total amount of agricultural land that is under foreign owner-
 2