PROHIBITED PROP OWNERSHIP

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3490

Introduced 2/5/2026, by Sen. Sally J. Turner

SYNOPSIS AS INTRODUCED:

765 ILCS 60/0.02 new
765 ILCS 60/7

from Ch. 6, par. 7
765 ILCS 60/9 new
765 ILCS 60/10 new
765 ILCS 60/11 new
765 ILCS 60/12 new

Amends the Property Owned By Noncitizens Act. Provides that a
prohibited foreign-party-controlled business may not acquire by grant,
purchase, devise, descent, or otherwise any interest in public or private
land in the State. Provides that a prohibited foreign-party-controlled
business entity in violation of the provisions has 2 years to divest of the
public or private land, and if a prohibited foreign-party-controlled
business entity does not divest the public or private land, the Attorney
General shall commence an action in the circuit court within the
jurisdiction of the public or private land. Provides that a prohibited
foreign party may not acquire by grant, purchase, devise, descent, or
otherwise any interest in agricultural land in the State regardless of
whether the prohibited foreign party intends to use the agricultural land
for nonfarming purposes. Provides that a prohibited foreign party who is a
resident alien of the United States has the right to acquire and hold
agricultural land in the State upon the same terms as a citizen of the
United States during the continuance of residence in the State, but if a
prohibited foreign party is no longer a resident alien, that party has 2
years to divest of the agricultural land, and that if the prohibited
foreign party does not divest of the agricultural land as required, the
Attorney General shall commence an action in circuit court within the
jurisdiction of the agricultural land. Provides that if a prohibited
foreign party that owns agricultural land or a prohibited
foreign-party-controlled business violates any of the Act's provisions,
that violation may be a Class 4 felony punishable by not more than 2 years'
imprisonment in the custody of the Department of Corrections or a $15,000
fine, or both. Creates the Office of Agricultural Intelligence within the
Department of Agriculture to collect and analyze information concerning
the unlawful sale or possession of agricultural land by prohibited foreign
parties and administer and enforce the provisions of the Act.
LRB104 18790 JRC 32233 b

A BILL FOR

SB3490
LRB104 18790 JRC 32233 b
1

AN ACT concerning civil law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Policy.
It is the declared policy of the State
5
to conserve, protect, and encourage the development and
6
improvement of its agricultural and forest lands and other
7
facilities for the production of food, fiber, and other
8
agricultural and silvicultural products.

9

Section 5.
The Property Owned By Noncitizens Act is
10
amended by changing Section 7 and by adding Sections 0.02, 9,
11
10, 11, and 12 as follows:

12

(765 ILCS 60/0.02 new)
13

Sec. 0.02.
Definitions.

As used in this Act:
14

"Agricultural land" means any land in the State that is
15
outside the corporate limits of a municipality and is:

16

(1) used for forestry production, including, but not
17

limited to, land exceeding 10 acres in which 10% of the
18

land is stocked by trees of any size, including land that
19

formerly had trees of any size covering the land that will
20

be naturally or artificially regenerated; or

21

(2) currently used for, or, if currently idle, land
22

last used within the past 5 years, for farming, ranching,

SB3490
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LRB104 18790 JRC 32233 b
1

or timber production, except land not exceeding 10 acres
2

in the aggregate, if the annual gross receipts from the
3

sale of the farm, ranch, or timber products produced on
4

the land do not exceed $1,000, including, but not limited
5

to, land used for activities described in the Standard
6

Industrial Classification Manual (1987), Division A,
7

exclusive of industry numbers 0711-0783, 0851, and
8

0912-0919, which cover animal trapping, game management,
9

hunting carried on as a business enterprise, trapping
10

carried on as a business enterprise, and wildlife
11

management.

12

"Agricultural land" does not include oil, gas, and all
13
other minerals, including coal, lignite, brine, and all
14
minerals known and recognized as commercial minerals
15
underlying the land.

16

"Controlling interest" means an ownership interest of 50%
17
or more, in the aggregate.

18

"Foreign government" means any government other than (i)
19
the federal government or (ii) the government of a state or a
20
political subdivision of a state.

21

"Interest in agricultural land" means the direct interest
22
acquired, transferred, or held in agricultural land,
23
including, but not limited to, a lease of agricultural land:

24

(1) for a term of one year or longer; or

25

(2) renewable by option for terms that, if the options
26

were all exercised, would total one year.

SB3490
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LRB104 18790 JRC 32233 b
1

"Party" means any individual, corporation, company,
2
association, firm, partnership, society, joint-stock company,
3
trust, estate, or any other legal entity.

4

"Prohibited foreign-party-controlled business" means a
5
corporation, company, association, firm, partnership, society,
6
joint-stock company, trust, estate, or other legal entity
7
whose controlling interest is owned by a prohibited foreign
8
party.

9

"Prohibited foreign party" means:

10

(1) a citizen or resident of a country subject to the
11

International Traffic in Arms Regulation, 22 CFR 120-130;
12

(2) a foreign government formed within a country
13

subject to the International Traffic in Arms Regulation,
14

22 CFR 120-130;

15

(3) a party, other than an individual or a government,
16

created or organized under the laws of a foreign
17

government within a country subject to the International
18

Traffic in Arms Regulation, 22 CFR 120-130;

19

(4) any party, other than an individual or a
20

government:
21

(A) that is created or organized under the laws of
22

any state; and

23

(B) in which a significant interest or substantial
24

control is directly or indirectly held or is capable
25

of being exercised by:

26

(i) an individual referred to in paragraph (1)

SB3490
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LRB104 18790 JRC 32233 b
1

of this definition;

2

(ii) a foreign government referred to in
3

paragraph (2) of this definition;

4

(iii) a party referred to in paragraph (3) of
5

this definition; or

6

(iv) a combination of the individuals,
7

parties, or governments referred to in this
8

subparagraph;

9

(5) an entity of particular concern designated by the
10

United States Department of State; or

11

(6) an agent, trustee, or other fiduciary of a person
12

or entity enumerated in paragraphs (1) through (5) of this
13

definition.

14

"Residence" means a person's principal dwelling place
15
where the person intends to remain permanently for an
16
indefinite period of time.

17

"Resident alien" means a person who:

18

(1) is not a citizen of the United States; and

19

(2) is a resident of a:

20

(A) state of the United States;

21

(B) territory of the United States;

22

(C) trusteeship of the United States; or

23

(D) protectorate of the United States.

24

"Significant interest" or "substantial control" means:

25

(1) an interest of 33% or more held by:

26

(A) a party referred to in paragraph (4) of the

SB3490
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LRB104 18790 JRC 32233 b
1

definition of "prohibited foreign party";

2

(B) a party referred to in paragraph (1) of the
3

definition of "prohibited foreign party";

4

(C) a party referred to in paragraph (3) of the
5

definition of "prohibited foreign party"; or

6

(D) a single government referred to in paragraph
7

(2) of the definition of "prohibited foreign party";

8

(2) an interest of 33% or more held whenever the
9

parties, individuals, or governments referred to in
10

subparagraph (A) of paragraph (1) of this definition are
11

acting in concert with respect to the interest even though
12

no single individual, party, or government holds an
13

interest of 33% or more; or

14

(3) an interest of 50% or more, in the aggregate, held
15

by parties, individuals, or governments referred to in
16

subparagraph (A) of paragraph (1) of this definition even
17

though the individuals, parties, or foreign governments
18

may not be acting in concert.

19

(765 ILCS 60/7)

(from Ch. 6, par. 7)
20

Sec. 7.
Except as provided in Sections 9, 10, and 11, all

21
All
noncitizens may acquire, hold, and dispose of real and
22
personal property in the same manner and to the same extent as
23
natural born citizens of the United States, and the personal
24
estate of a noncitizen dying intestate shall be distributed in
25
the same manner as the estates of natural born citizens, and

SB3490
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LRB104 18790 JRC 32233 b
1
all persons interested in such estate shall be entitled to
2
proper distributive shares thereof under the laws of this
3
state, whether they are noncitizens or not.
4

This amendatory Act of 1992 does not apply to the
5
Agricultural Foreign Investment Disclosure Act.
6
(Source: P.A. 102-1030, eff. 5-27-22.)

7

(765 ILCS 60/9 new)
8

Sec. 9.
Land ownership by prohibited
9
foreign-party-controlled business prohibited.

10

(a) A prohibited foreign-party-controlled business may not
11
acquire by grant, purchase, devise, descent, or otherwise any
12
interest in public or private land in this State. A party may
13
not hold public or private land as an agent, trustee, or other
14
fiduciary for a prohibited foreign-party-controlled business
15
in violation of this Section.
16

(b) A prohibited foreign-party-controlled business entity
17
in violation of this Section has 2 years to divest of the
18
public or private land. If a prohibited
19
foreign-party-controlled business entity does not divest the
20
public or private land, the Attorney General shall commence an
21
action in the circuit court within the jurisdiction of the
22
public or private land. If the public or private land is held
23
in violation of this Section, the circuit court shall order
24
that the public or private land be sold through judicial
25
foreclosure. Proceeds of the sale shall be disbursed to

SB3490
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LRB104 18790 JRC 32233 b
1
lienholders, in the order of priority, except for liens that,
2
under the terms of the sale, are to remain on the public or
3
private land. The Attorney General shall promptly record a
4
copy of the following in the local land records:

5

(1) upon commencement, notice of the pendency of an
6

action brought under this subsection; and
7

(2) the order for the sale of the public or private
8

land under this subsection.

9

(c) A prohibited foreign-party-controlled business entity
10
is, upon conviction for a violation of this Section, guilty of
11
a Class 4 felony punishable by not more than 2 years'
12
imprisonment in the custody of the Department of Corrections
13
or a $15,000 fine, or both.

14

(d) It is an affirmative defense to prosecution under this
15
Section that a prohibited foreign-party-controlled business
16
entity is a resident alien of the State.

17

(e) Title to public or private land is not invalid or
18
subject to divestiture due to a violation of this Section by:

19

(1) any former owner; or
20

(2) other person holding or owning a former interest
21

in the public or private land.

22

(f) A person who is not subject to this Section is not
23
required to determine or inquire into whether another person
24
is or may be subject to this Section.

25

(765 ILCS 60/10 new)

SB3490
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LRB104 18790 JRC 32233 b
1

Sec. 10.
Foreign ownership of agricultural land.

2

(a) A prohibited foreign party may not acquire by grant,
3
purchase, devise, descent, or otherwise any interest in
4
agricultural land in this State regardless of whether the
5
prohibited foreign party intends to use the agricultural land
6
for nonfarming purposes. A party may not hold agricultural
7
land as an agent, trustee, or other fiduciary for a prohibited
8
foreign party in violation of this Section.

9

(b) A prohibited foreign party that acquires agricultural
10
land in violation of this Section remains in violation as long
11
as the prohibited foreign party holds an interest in the
12
agricultural land.

13

(765 ILCS 60/11 new)
14

Sec. 11.
Interest in agricultural land owned by prohibited
15
foreign parties; exceptions; penalties.

16

(a) A prohibited foreign party who is a resident alien of
17
the United States has the right to acquire and hold
18
agricultural land in the State upon the same terms as a citizen
19
of the United States during the continuance of the prohibited
20
foreign party's residence in the State.
21

(b) If a prohibited foreign party is no longer a resident
22
alien under subsection (a), the prohibited foreign party has 2
23
years to divest of the agricultural land. If the prohibited
24
foreign party does not divest of the agricultural land as
25
required by this subsection, the Attorney General shall

SB3490
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LRB104 18790 JRC 32233 b
1
commence an action in circuit court within the jurisdiction of
2
the agricultural land. If the agricultural land is held in
3
violation of this Section, the circuit court shall order that
4
the agricultural land be sold through judicial foreclosure.

5

(c) If the Office of Agricultural Intelligence determines
6
a prohibited foreign party has acquired agricultural land in
7
this State in violation of this Section, the Office of
8
Agricultural Intelligence shall report the violation to the
9
Attorney General. Upon receiving notice under this subsection
10
or upon receipt of information that leads the Attorney General
11
to believe that a violation of this Section may exist, the
12
Attorney General may issue subpoenas requiring the:

13

(1) appearance of witnesses;

14

(2) production of relevant records; and

15

(3) giving of relevant testimony.

16

If, as a result of the investigation under this
17
subsection, the Attorney General concludes that a violation of
18
this Section has occurred, the Attorney General shall commence
19
an action in circuit court within the jurisdiction of the
20
agricultural land. If the agricultural land is held in
21
violation of this Section, the circuit court shall order that
22
the agricultural land be sold through judicial foreclosure.

23

(d) The proceeds of a sale of agricultural land by
24
judicial foreclosure authorized under this Section shall be
25
disbursed to lienholders, in the order of priority, except for
26
liens which under the terms of the sale are to remain on the

SB3490
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LRB104 18790 JRC 32233 b
1
agricultural land. The Attorney General shall promptly record
2
a copy of the following in the local land records:

3

(1) upon commencement, notice of the pendency of an
4

action under this Section; and
5

(2) the order for the sale of agricultural land under
6

this Section.

7

(e) A prohibited foreign party owning agricultural land
8
subsequent to the effective date of this amendatory Act of the
9
104th General Assembly and not listed under an exception in
10
subsection (a) or (b) is, upon conviction, guilty of a Class 4
11
felony punishable by not more than 2 years' imprisonment in
12
the custody of the Department of Corrections or a $15,000
13
fine, or both.

14

(f) It is an affirmative defense to prosecution under this
15
Section that a prohibited foreign party is a resident alien of
16
the State.

17

(g) Title to agricultural land is not invalid or subject
18
to divestiture due to a violation of this Section by:

19

(1) any former owner; or
20

(2) other person holding or owning a former interest
21

in the agricultural land.

22

(h) A person who is not subject to this Section is not
23
required to determine or inquire into whether another person
24
is or may be subject to this Section.

25

(765 ILCS 60/12 new)

SB3490
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LRB104 18790 JRC 32233 b
1

Sec. 12.
Office of Agricultural Intelligence.

2

(a) There is created within the Department of Agriculture
3
the Office of Agricultural Intelligence.
4

(b) The Office of Agricultural Intelligence is authorized
5
and directed to:

6

(1) collect and analyze information concerning the
7

unlawful sale or possession of agricultural land by
8

prohibited foreign parties; and
9

(2) administer and enforce the provisions of this Act,
10

including, but not limited to, the reporting of a
11

violation of this Act to the Attorney General under
12

subsection (c) of Section 11.

13

(c) The Director of Agriculture may designate employees of
14
the Department of Agriculture who have the power of a peace
15
officer or institutional law enforcement officer in the
16
enforcement of criminal laws of this State to perform the
17
duties of the Office of Agricultural Intelligence under
18
subsection (b).

19

(d) The Office of Agricultural Intelligence shall operate
20
under the direction of the Director of Agriculture.

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