Oklahoma HB 3077: Property; prohibiting foreign ownership of real property and agricultural land; effective date.

Bill Text

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STATE OF OKLAHOMA

2nd Session of the 59th Legislature (2024)

HOUSE BILL 3077 By: Hays

AS INTRODUCED

An Act relating to foreign ownership of property;
defining terms; prohibiting real property ownership
by certain parties; providing certain exemptions;
requiring divestment of violating property; requiring
Attorney General to bring suit for violation;
providing for judicial foreclosure of property;
providing certain documents to be recorded in the
county records office; providing for felony
punishment and fines; providing affirmative defense
to prosecution; providing when title to real property
is not invalid or subject to divestiture; prohibiting
agricultural land ownership by certain parties;
providing certain exemptions; requiring divestment of
violating property; requiring the Office of
Agricultural Intelligence upon discovery of a
violation to report such violation to the Attorney
General; providing that the Attorney General may
issue certain subpoenas; providing that the Attorney
General upon a certain determination shall commence
legal actions; providing for judicial foreclosure of
property; providing certain documents to be recorded
in the county clerk's office; providing when title to
agricultural land is not invalid or subject to
divestiture; providing for felony punishment and
fines; providing affirmative defense to prosecution;
requiring inclusion of certain affidavit with
recording of a deed; directing Attorney General to
promulgate certain affidavit forms; creating within
the Oklahoma Department of Agriculture, Food, and
Forestry the Office of Agricultural Intelligence;
providing authorized duties; proving the Office shall
operate under the direction of the Secretary of the
Oklahoma Department of Agriculture, Food, and
Forestry; repealing 60 O.S. 2021, Sections 121, as
amended by Section 1, Chapter 327, O.S.L. 2023, 122,
123, 124, 125, 126, and 127 (60 O.S. Supp. 2023,
Section 121), which relate to alien ownership of

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land; providing for codification; and providing an
effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 128 of Title 60, unless there is
created a duplication in numbering, reads as follows:
As used in this act:
1. "Agricultural land" means any land which is outside the
corporate limits of a municipality and is:
a. used for forestry production, including without
limitation, land exceeding ten (10) acres in which ten
percent (10%) of the land is stocked by trees of any
size, including land that formerly had trees of any
size covering the land that will be naturally or
artificially regenerated, or
b. currently used for, or, if currently idle, land last
used within the past five (5) years, for farming,
ranching, or timber production, except land not
exceeding ten (10) acres in the aggregate, if the
annual gross receipts from the sale of the farm,
ranch, or timber products produced on the land do not
exceed One Thousand Dollars ($1,000.00).

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This does not include oil, gas, and all other minerals,
including coal, lignite, brine, and all minerals known and
recognized as commercial minerals underlying the land;
2. "Controlling interest" means an ownership interest of fifty
percent (50%) or more, in the aggregate;
3. "Foreign government" means any government other than the
federal government or any government of a state or a political
subdivision of a state;
4. "Interest in agricultural land" means all direct interest
acquired, transferred, or held in agricultural land, including
without limitation, a lease of agricultural land:
a. for a term of one (1) year or longer, or
b. renewable by option for terms which, if the options
were all exercised, would total one (1) year;
5. "Party" means any individual, corporation, company,
association, firm, partnership, society, joint-stock company, trust,
estate, or any other legal entity;
6. "Prohibited foreign party" means:
a. a citizen or resident of a country subject to
International Traffic in Arms Regulations, 22 C.F.R.,
Section 126.1,
b. a foreign government formed within a country subject
to International Traffic in Arms Regulations, 22
C.F.R., Section 126.1,

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c. a party other than an individual or a government, that
is created or organized under the laws of a foreign
government within a country subject to International
Traffic in Arms Regulations,