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House
File
83
-
Introduced
HOUSE
FILE
83
BY
DIEKEN
A
BILL
FOR
An
Act
prohibiting
foreign
governments
from
acquiring
or
owning
1
real
property
or
agricultural
land
located
in
the
state.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
9I.2,
unnumbered
paragraph
1,
Code
2025,
1
is
amended
to
read
as
follows:
2
1.
A
nonresident
alien
,
or
foreign
business
or
foreign
3
government
may
acquire,
by
grant,
purchase,
devise
,
or
descent,
4
real
property,
except
agricultural
land
or
any
interest
in
5
agricultural
land
in
this
state,
and
may
own,
hold,
devise
,
or
6
alienate
the
real
property,
and
shall
incur
the
same
duties
7
and
liabilities
in
relation
thereto
as
a
citizen
and
resident
8
of
the
United
States.
On
or
after
the
effective
date
of
this
9
Act,
a
foreign
government,
or
an
agent,
trustee,
or
fiduciary
10
thereof,
shall
not
acquire,
by
grant,
purchase,
devise,
or
11
descent,
real
property
or
any
interest
in
real
property
in
this
12
state.
13
2.
A
foreign
government,
or
an
agent,
trustee,
or
fiduciary
14
thereof,
which
has
purchased
or
has
otherwise
acquired
real
15
property
or
an
interest
in
real
property
prior
to
the
effective
16
date
of
this
Act,
shall
divest
itself
of
all
right,
title,
and
17
interest
in
the
land
within
two
years
of
the
effective
date
of
18
this
Act.
19
Sec.
2.
Section
9I.3,
subsection
1,
Code
2025,
is
amended
20
to
read
as
follows:
21
1.
A
nonresident
alien,
foreign
business
,
or
foreign
22
government,
or
an
agent,
trustee
,
or
fiduciary
thereof,
shall
23
not
purchase
or
otherwise
acquire
agricultural
land
in
this
24
state.
A
nonresident
alien,
foreign
business
or
foreign
25
government
,
or
an
agent,
trustee
,
or
fiduciary
thereof,
which
26
owns
or
holds
agricultural
land
in
this
state
on
January
1,
27
1980,
may
continue
to
own
or
hold
the
land,
but
shall
not
28
purchase
or
otherwise
acquire
additional
agricultural
land
in
29
this
state.
30
Sec.
3.
Section
9I.3,
subsection
3,
unnumbered
paragraph
1,
31
Code
2025,
is
amended
to
read
as
follows:
32
The
restriction
set
forth
in
subsection
1
of
this
section
,
as
33
to
nonresident
aliens
or
foreign
businesses
or
their
agents,
34
trustees,
or
fiduciaries,
does
not
apply
to
the
following:
35
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Sec.
4.
Section
9I.3,
subsection
3,
paragraph
d,
1
subparagraph
(3),
subparagraph
division
(a),
Code
2025,
is
2
amended
to
read
as
follows:
3
(a)
The
nonresident
alien,
foreign
business,
or
foreign
4
government
or
an
agent,
trustee,
or
fiduciary
of
the
alien
,
or
5
business,
or
government
must
shall
not
hold
the
agricultural
6
land
other
than
as
a
lessee.
The
term
of
the
lease
must
be
for
7
not
more
than
twelve
years.
A
lessee
shall
not
renew
a
lease
8
entered
into
under
this
subparagraph
(3).
The
lessee
shall
not
9
enter
into
a
lease
under
this
paragraph,
if
another
lease
under
10
this
paragraph
has
been
entered
into
by
the
lessee.
11
Sec.
5.
Section
9I.3,
subsection
3,
paragraph
d,
12
subparagraph
(4),
Code
2025,
is
amended
to
read
as
follows:
13
(4)
Culls
and
test
animals
may
be
sold
under
subparagraph
14
(3).
For
a
three-year
period
beginning
on
the
date
that
the
15
lease
takes
effect,
the
gross
sales
for
any
year
shall
not
16
be
greater
than
five
hundred
thousand
dollars.
After
the
17
three-year
period
ends,
the
gross
sales
for
any
year
shall
not
18
be
greater
than
twenty-five
percent
of
the
gross
sales
for
that
19
year
of
the
breeding
stock,
or
five
hundred
thousand
dollars,
20
whichever
is
less.
As
used
in
subparagraph
(3),
“lessee”
21
means
a
nonresident
alien
,
or
foreign
business,
or
foreign
22
government,
or
an
agent,
trustee,
or
fiduciary
acting
on
behalf
23
of
the
nonresident
alien
,
or
foreign
business,
or
foreign
24
government,
or
any
other
trade
or
business
which
is
under
the
25
lessee’s
common
control
as
provided
in
26
U.S.C.
§414.
26
Sec.
6.
Section
9I.3,
subsection
3,
paragraph
e,
Code
2025,
27
is
amended
to
read
as
follows:
28
e.
An
interest
in
agricultural
land,
not
to
exceed
three
29
hundred
twenty
acres,
acquired
for
an
immediate
or
pending
30
use
other
than
farming.
However,
a
nonresident
alien
,
or
31
foreign
business
or
foreign
government
,
or
an
agent,
trustee
,
32
or
fiduciary
thereof,
who
lawfully
owns
over
three
hundred
33
twenty
acres
on
January
1,
1980,
may
continue
to
own
or
34
hold
the
land,
but
shall
not
purchase
or
otherwise
acquire
35
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additional
agricultural
land
in
this
state
except
by
devise
1
or
descent
from
a
nonresident
alien.
Pending
the
development
2
of
the
agricultural
land
for
purpose
other
than
farming,
the
3
land
shall
not
be
used
for
farming
except
under
lease
to
an
4
individual,
trust,
corporation,
partnership
,
or
other
business
5
entity
not
subject
to
the
restriction
on
the
increase
in
6
agricultural
land
holdings
imposed
by
section
9H.4
.
7
Sec.
7.
Section
9I.3,
subsection
4,
Code
2025,
is
amended
8
to
read
as
follows:
9
4.
A
nonresident
alien
,
or
foreign
business
or
foreign
10
government
,
or
an
agent,
trustee
,
or
fiduciary
thereof
,
shall
11
not
transfer
title
to
or
interest
in
agricultural
land
to
a
12
nonresident
alien
,
or
foreign
business
or
foreign
government
,
13
or
an
agent,
trustee
,
or
fiduciary
thereof
,
except
by
devise
14
or
descent.
15
Sec.
8.
Section
9I.5,
Code
2025,
is
amended
to
read
as
16
follows:
17
9I.5
Land
acquired
by
devise
or
descent.
18
1.
A
nonresident
alien
,
or
foreign
business
or
foreign
19
government
,
or
an
agent,
trustee
,
or
fiduciary
thereof,
which
20
acquires
agricultural
land
or
an
interest
in
agricultural
21
land,
by
devise
or
descent
after
January
1,
1980,
shall
divest
22
itself
of
all
right,
title
,
and
interest
in
the
land
within
two
23
years
from
the
date
of
acquiring
the
land
or
interest.
This
24
section
shall
not
require
divestment
of
agricultural
land
or
an
25
interest
in
agricultural
land,
acquired
by
devise
or
descent
26
from
a
nonresident
alien,
if
such
land
or
an
interest
in
such
27
land
was
acquired
by
any
nonresident
alien
prior
to
July
1,
28
1979.
29
2.
A
foreign
government,
or
an
agent,
trustee,
or
fiduciary
30
thereof,
which
has
acquired
real
property,
or
an
interest
31
in
real
property,
or
agricultural
land,
or
an
interest
in
32
agricultural
land,
by
devise
or
descent
prior
to
the
effective
33
date
of
this
Act,
shall
divest
itself
of
all
right,
title,
34
and
interest
in
the
land
within
two
years
of
the
effective
35
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date
of
this
Act.
A
foreign
government,
or
an
agent,
trustee,
1
or
fiduciary
thereof,
which
acquires
real
property,
or
an
2
interest
in
real
property,
or
agricultural
land,
or
an
interest
3
in
agricultural
land,
by
devise
or
descent
on
or
after
the
4
effective
date
of
this
Act,
shall
divest
itself
of
all
right,
5
title,
and
interest
in
the
land
within
two
years
from
the
date
6
of
acquiring
the
land
or
interest.
7
Sec.
9.
Section
9I.10,
subsection
1,
Code
2025,
is
amended
8
to
read
as
follows:
9
1.
a.
If
the
secretary
of
state
finds
that
a
nonresident
10
alien,
foreign
business,
foreign
government,
or
an
agent,
11
trustee,
or
other
fiduciary
thereof,
has
acquired
or
holds
12
title
to
or
interest
in
agricultural
land
in
this
state
in
13
violation
of
this
chapter
or
has
failed
to
timely
register
as
14
required
under
section
9I.7
or
has
failed
to
timely
report
as
15
required
under
section
10B.4
,
the
secretary
shall
report
the
16
violation
to
the
attorney
general.
17
b.
If
a
county
recorder
finds
that
a
foreign
government,
or
18
an
agent,
trustee,
or
fiduciary
thereof,
has
acquired
or
holds
19
title
to,
or
interest
in,
real
property
located
in
this
state
20
in
violation
of
this
chapter,
the
county
recorder
shall
report
21
the
violation
to
the
attorney
general.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
prohibits
foreign
governments
from
acquiring
26
real
property,
or
an
interest
in
real
property,
located
in
27
the
state
by
grant,
purchase,
devise,
or
descent
on
or
after
28
the
effective
date
of
the
bill.
Under
current
law,
except
29
for
agricultural
land,
foreign
governments
may
acquire
real
30
property.
The
bill
provides
for
divestment
of
real
property
31
or
interests
in
real
property
currently
owned
or
acquired
by
32
foreign
governments
within
two
years
of
the
effective
date
33
of
the
bill.
Under
current
law,
foreign
governments
may
own
34
agricultural
land
acquired
on
or
before
January
1,
1980,
and
35
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agricultural
land
of
a
certain
size
or
for
certain
purposes.
1
The
bill
makes
conforming
changes
to
prohibit
foreign
2
government
ownership
in
agricultural
land
in
Code
section
9I.3
3
(restriction
on
agricultural
land
holdings).
4
The
bill
requires
real
property
or
agricultural
land
5
acquired
by
a
foreign
government
by
devise
or
descent
prior
6
to
the
effective
date
of
the
bill
to
be
divested
within
two
7
years
from
the
effective
date
of
the
bill.
Real
property
8
or
agricultural
land
acquired
by
a
foreign
government
by
9
devise
or
descent
after
the
effective
date
of
the
bill
must
be
10
divested
within
two
years
from
the
date
of
acquiring
the
land
11
or
interest.
The
divestment
language
for
real
property
in
the
12
bill
aligns
with
the
divestment
requirement
for
agricultural
13
land
acquired
by
devise
or
descent
by
a
nonresident
alien,
14
foreign
business,
or
foreign
government
in
current
law.
15
The
bill
requires
a
county
recorder
to
report
a
violation
16
of
the
bill
to
the
attorney
general.
Upon
receipt
of
a
report
17
from
the
secretary
of
state,
the
attorney
general
shall
18
initiate
an
action
in
the
district
court
of
any
county
in
which
19
the
land
is
located.
If
the
court
finds
that
the
land
in
20
question
has
been
acquired
in
violation
of
the
bill,
the
court
21
shall
declare
the
land
escheated
to
the
state
pursuant
to
Code
22
section
9I.11.
23
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