PRINTER'S NO. 2624
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1995
Session of
2024
INTRODUCED BY GLEIM, SCIALABBA, BONNER, STAMBAUGH, BARTON,
SMITH, FEE, PICKETT, KAUFFMAN, STAATS, GILLEN, KEEFER,
SCHEUREN, MOUL, HAMM, MALONEY, KRUPA, ROAE, HEFFLEY,
ZIMMERMAN, JOZWIAK, ROWE AND BANTA, FEBRUARY 23, 2024
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
FEBRUARY 23, 2024
AN ACT
Amending the act of April 6, 1980 (P.L.102, No.39), entitled "An
act restricting the acquisition by certain aliens of an
interest in agricultural lands," further prohibiting certain
entities from acquiring an interest in agricultural land;
providing for investigation by Attorney General and for
responsibilities of purchaser and Attorney General; further
providing for forfeiture of lands; providing for real estate
auction; and further providing for definitions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1 of the act of April 6, 1980 (P.L.102,
No.39), referred to as the Agricultural Land Acquisition by
Aliens Law, is amended to read:
Section 1. (a) An alien, who is not a resident of a state
or territory of the United States or of the District of
Columbia; and a foreign government shall not acquire an interest
in agricultural land, exceeding 100 acres, except such as may be
acquired by devise or inheritance, and such as may be held as
security for indebtedness.
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(b) An entity which is organized under the laws of a country
of concern; a foreign principal; an entity with a controlling
interest owned by foreign principals; a foreign political party;
a member of a foreign political party; and an individual
domiciled in a country of concern and who is not a lawful
citizen or permanent resident of the United States; shall not
acquire an interest in agricultural land except such as may be
acquired by devise or inheritance, and such as may be held as
security for indebtedness.
(c) The provisions of this section shall not apply to
citizens, foreign governments, entities or subjects of a foreign
country whose rights to hold land are secured by treaty.
Section 2. The act is amended by adding sections to read:
Section 5.1. The Attorney General, upon request of or
receipt of any information which leads the Attorney General to
believe that a violation of section 1 or 4 may exist, shall
investigate the possible violation, including the issuance of
subpoenas requiring the appearance of witnesses, the production
of relevant records and the provision of relevant testimony.
Section 5.2. (a) A title company involved in a real estate
transaction involving agricultural land that willfully fails to
determine whether a purchaser is in violation of section 1 or 4
shall be subject to a civil penalty of $1,000. The Attorney
General shall enforce the provisions of this subsection.
(b) Except as provided under section 5.1 and subsection (a),
an individual or entity that is not prohibited from purchasing
agricultural land under section 1 or 4 shall not be required to
determine or inquire whether another person or entity is subject
to this act, and shall bear no civil or criminal liability under
this act.
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Section 3. Section 6 of the act is amended to read:
Section 6. Agricultural lands acquired or held in violation
of sections 1 and 4 shall be forfeited to the Commonwealth. The
Attorney General shall enforce such forfeiture. However, no such
forfeiture may be adjudged unless the action to enforce is
brought within five years after such property has been acquired
or held by such alien. No title to land is invalid or liable to
forfeiture by reason of the alienage of any former owner or
person interested therein. Upon commencement of an action under
this section, the Attorney General shall promptly record a
notice of the pendency of the action in the county's land
records. Upon the completion of the action to enforce a
forfeiture under this section, the Attorney General shall
promptly record a notice of the action in the county's land
records.
Section 4. The act is amended by adding a section to read:
Section 6.1. Upon forfeiture of agricultural lands under
section 6, the Commonwealth, through the Department of General
Services, shall sell the agricultural land through a real estate
auction. Proceeds of the sale shall be disbursed according to
the following order:
(1) The payment of authorized costs of the sale, including
all approved fees, expenses and any taxes and assessments due.
(2) The payment, in an amount approved by a court, to the
Attorney General for reimbursement of the investigation and
litigation costs and expenses.
(3) To bona fide lienholders, in their order of priority,
except for liens which under the terms of the sale are to remain
on the property.
(4) To the General Fund.
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Section 5. Section 7 of the act is amended to read:
Section 7. [For purposes of this act, the term "agricultural
land" means land] The following words and phrases when used in
this act shall have the meanings given to them in this section
unless the context clearly indicates otherwise:
"Agricultural land." Land capable of use in the production
of agricultural crops, timber, livestock or livestock products,
poultry or poultry products, milk or dairy products, or fruit
and other horticultural products but does not include any
royalty interest, any oil, gas or other mineral interest, or any
lease, right-of-way, option or easement relating thereto, or any
land zoned by a local governmental unit for a use other than and
nonconforming with agricultural use.
"Country of concern." China, Russia, Belarus, Iran, North
Korea, Venezuela, Syria and any other country which does not
permit Americans to purchase farmland in their country.
"Foreign political party." A political party of a country of
concern.
"Foreign principal." A government official of a country of
concern.
"Title company." A person that is contracted with a party
involved in a real estate transaction that provides verification
of clean title of the land or title insurance for the purchaser.
Section 6. This act shall take effect in 60 days.
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