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2026 Regular Session
HOUSE BILL NO. 816
BY REPRESENTATIVES GALLE, AMEDEE, BAYHAM, CARRIER, CREWS,
DICKERSON, ECHOLS, EGAN, FIRMENT, HORTON, KNOX, LAFLEUR,
MELERINE, OWEN, SAWYER, SCHAMERHORN, STAGNI, WILDER, AND
WYBLE
MILITARY AFFAIRS: Prohibits foreign adversaries from acquiring or owning property
near military installations
1 AN ACT
2 To enact Part I of Chapter 1-B of Title 9 of Code Title II of the Louisiana Revised Statutes
3 of 1950, to be comprised of R.S. 9:2717.1.1 through 2717.1.7, relative to immovable
4 property; to provide relative to foreign adversaries or persons connected with foreign
5 adversaries; to prohibit the acquisition of certain immovable property; to provide for
6 definitions; to provide for exceptions; to provide for civil actions; to provide for civil
7 penalties; to provide relative to the protection of ownership interests; to provide for
8 the duties of the attorney general; to provide for a limitation of liability; to provide
9 for applicability; and to provide for related matters.
10 Be it enacted by the Legislature of Louisiana:
11 Section 1. Part I of Chapter 1-B of Title 9 of Code Title II of the Louisiana Revised
12 Statutes of 1950, comprised of R.S. 9:2717.1.1 through 2717.1.7, is hereby enacted to read
13 as follows:
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1 PART I. PROHIBITED OWNERSHIP BY FOREIGN ADVERSARIES
2 § 2717.1.1. Ownership of military-installation-adjacent lands by foreign adversaries
3 restricted
4 A. No foreign adversary or prohibited foreign actor shall directly or
5 indirectly own, acquire, lease, or otherwise obtain any interest in
6 military-installation-adjacent land.
7 B. A prohibited foreign actor may sell or convey an ownership interest in
8 military-installation-adjacent land in this state.
9 C. A person may conclusively rely upon an affidavit made by a person
10 intending to acquire or holding an interest in immovable property to the effect that
11 the person is not a foreign adversary or a prohibited foreign actor, and the
12 correctness of those facts may not be controverted against any person relying on the
13 affidavit, unless actual fraud by such person is proven. A person who gives a false
14 affidavit shall be responsible for any loss or damage suffered by any person whose
15 rights are adversely affected.
16 § 2717.1.2. Definitions
17 For purposes of this Part, the following terms have the following meanings:
18 (1) "Controlling interest" means possession of the power to direct or cause
19 the direction of the management or policies of a company, whether through
20 ownership of securities, by contract or otherwise. A person or entity that directly or
21 indirectly has the right to vote fifty percent or more of the voting interests of an
22 entity or is entitled to fifty percent or more of its profits is presumed to possess a
23 controlling interest.
24 (2) "Foreign adversary" means a foreign nongovernmental person or foreign
25 government identified as a foreign adversary pursuant to 15 CFR 791.4 and
26 identified in the database maintained by the United States Department of the
27 Treasury, Office of Foreign Assets Control. This term does not include a person who
28 is a legal permanent resident with lawful presence in the United States.
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1 (3) "Military installation" means any site that meets any of the following
2 descriptions:
3 (a) Active Air Force ballistic missile fields.
4 (b) Air Force bases administering active Air Force ballistic missile fields.
5 (c) Air Force bases and major annexes of those bases containing a unit from
6 the Air Force Air Combat Command.
7 (d) Air Force bases and major annexes of those bases containing an Air
8 Force research laboratory or test unit and associated sites.
9 (e) Air Force bases and major annexes of those bases, and Space Force bases
10 and major annexes of those bases containing a unit of the North American Aerospace
11 Defense Command and its regions.
12 (f) Air Force bases, Air Force stations, Space Force bases, Space Force
13 stations, and major annexes of those stations and bases that contain satellite,
14 telemetry, tracking, or commanding systems.
15 (g) Army bases, ammunition plants, centers of excellence, major depots and
16 arsenals, military terminals, research laboratories, and any related major annexes.
17 (h) Army combat training centers located in the continental United States.
18 (i) Headquarters of the Office of the Secretary of Defense, the Defense
19 Advanced Research Projects Agency, and major offices and any related annexes.
20 (j) Long range radar sites and major annexes of sites described in this
21 Paragraph.
22 (k) Major range and test facility base activities as defined in 10 U.S.C. 196.
23 (l) Marine Corps bases, air stations, and major annexes of these bases and
24 stations, excluding detachments and recruit depots.
25 (m) Military ranges as defined in 10 U.S.C. 101(f)(1) or joint forces training
26 centers.
27 (n) Naval bases and air stations including major support activities and
28 annexes.
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1 (o) Naval surface, air, and undersea warfare centers and research laboratories
2 and major annexes of these centers and laboratories.
3 (p) Navy off-shore range complexes and off-shore operating areas.
4 (q) Any structure or enclosure that the presentation of a military
5 identification issued by the Department of Defense to active duty service members
6 is required to enter or access.
7 (4) "Military-installation-adjacent land" means immovable property within
8 twenty-five miles of a military installation.
9 (5) "Prohibited foreign actor" means a corporation, limited liability
10 company, pension or investment fund, trust, or limited partnership where a foreign
11 adversary has a controlling interest.
12 §2717.1.3. Exceptions
13 The provisions of this Part do not apply to a person who might otherwise
14 qualify as a prohibited foreign actor owning military-installation-adjacent lands
15 under any of the following circumstances:
16 (1) The person is a natural person who is a United States citizen, regardless
17 of whether the United States citizenship was acquired by birth or the United States
18 citizenship was granted to a person after meeting the requirements established by the
19 United States Congress in the Immigration and Nationality Act, 8 U.S.C. 1101 et seq.
20 (2) The person is a natural person who is not a United States citizen but is
21 a permanent legal resident or is lawfully present in the United States by virtue of
22 authorization by the United States Department of Homeland Security.
23 (3) The person is a juridical person, as defined in Civil Code Article 24, that
24 is wholly owned by persons who qualify under Paragraphs (1) or (2) of this
25 Subsection.
26 (4) The military-installation-adjacent land is immovable property purchased,
27 leased, or otherwise acquired by a natural person that is used as a one-to-four family
28 residential property.
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1 §2717.1.4. Civil penalties; actions
2 A.(1) A prohibited foreign actor that violates the provisions of this Part is
3 subject to a civil penalty of fifty thousand dollars and forfeiture if such entity does
4 not divest itself of military-installation-adjacent land that is acquired in violation of
5 this Part within one year after a judgment is entered in a civil action.
6 (2) Any civil penalty collected pursuant to this Section shall be paid to the
7 attorney general to offset costs associated with enforcement of provisions contained
8 in this Section.
9 B. A party to the contract to purchase, lease, or otherwise acquire immovable
10 property may rescind the contract prior to the transfer of the immovable property if
11 the party determines that a foreign adversary has an ownership interest that violates
12 the provisions of this Part.
13 C. The attorney general may bring an action for injunctive relief in the name
14 of the state against the foreign adversary or prohibited foreign actor to restrain and
15 enjoin the sale or lease prior to the transfer of the immovable property or to restrain
16 or enjoin the lease. The attorney general shall serve the petition for injunctive relief
17 upon the parties to the transaction. Upon receipt of the petition, a party may rescind
18 the contract to purchase, lease, or otherwise acquire immovable property pursuant
19 to Subsection B of this Section. The attorney general shall file a notice of lis
20 pendens in the mortgage records of the parish where the property is located no later
21 than three business days after instituting the proceeding. The institution of the action
22 and the filing of the notice of lis pendens shall have no effect on persons obtaining
23 rights in the immovable property prior to the filing of the notice of the pending
24 action.
25 D.(1) The attorney general may serve an investigative demand or subpoena
26 for deposition testimony to any person who is believed to have information,
27 documentary material, or physical evidence relevant to the alleged or suspected
28 attempt to enter into, conspiracy to enter into, or entering into a contract to purchase,
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1 lease, or otherwise acquire immovable property in this state if all of the following
2 circumstances exist:
3 (a) The attorney general has evidence that a foreign adversary or a prohibited
4 foreign actor is attempting to enter into, conspiring to enter into, or has entered into
5 a contract to purchase, lease, or otherwise acquire immovable property in this state.
6 (b) The attorney general believes it to be in the public interest that an
7 investigation should be made to ascertain whether a foreign adversary or a prohibited
8 foreign actor in fact is attempting to enter into, conspiring to enter into, or has
9 entered into a contract to purchase, lease, or otherwise acquire immovable property
10 in this state.
11 (2)(a) Such investigative demand or subpoena for deposition testimony shall
12 contain a description of the attempt to enter into, conspiracy to enter into, or entering
13 into a contract to purchase, lease, or otherwise acquire immovable property in this
14 state under investigation and shall require such person to furnish, under oath or
15 otherwise, a report in writing setting forth the relevant facts and circumstances of
16 which the person has knowledge, or to produce relevant documentary material or
17 physical evidence for examination, at such reasonable time and place as may be
18 stated in the investigative demand that is the subject matter of the investigation.
19 Nonpublic personal information may be excluded from the report, deposition, or
20 other testimony.
21 (b) Any subpoena for deposition testimony issued pursuant to this Section
22 shall include a notice informing the prospective deponent of the deponent's right to
23 counsel at the deposition with an opportunity for cross examination, and the
24 deposition shall be conducted at the principal place of business, place of residence,
25 domicile, or, if agreeable to the deponent, at some other place convenient to the
26 attorney general and the deponent's attorney.
27 (c) Any deposition conducted pursuant to this Section shall be held at a
28 reasonable time as may be stated in the investigative subpoena. At any time before
29 the return date specified in the investigative demand or before the noticed deposition,
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1 or within twenty days after the demand or deposition notice has been served,
2 whichever is shorter, a petition stating good cause for a protective order to extend the
3 return date or to modify or set aside the demand or deposition notice may be filed in
4 the district court that has civil jurisdiction in the parish where the person served with
5 the demand resides, is domiciled, or where his principal place of business is located.
6 (d) If no protective order from the court is secured and the written request
7 by the attorney general is not complied with by the return date of the written request,
8 the attorney general may apply to the court for an order compelling compliance with
9 the investigative demand or deposition notice.
10 (e) If any person fails or refuses to file any statement, report, documentary
11 material, or physical evidence or obey any investigative subpoena or demand issued
12 by the attorney general, except as permitted by a protective order issued by an
13 appropriate court, the attorney general may apply to the district court with civil
14 jurisdiction in the parish where the person served with the demand or subpoena
15 resides, is domiciled, or where his principal place of business is located for a rule to
16 show cause regarding why an order compelling compliance should not be issued.
17 (f) Any disobedience of an order compelling compliance pursuant to this
18 Section by a court shall be punished as a contempt of court.
19 E. Service of any demand, subpoena, or petition shall be made in the manner
20 provided by law.
21 F. Any immovable property acquired by a foreign adversary or a prohibited
22 foreign actor is subject to divestiture or civil forfeiture to the state.
23 G. The attorney general may use all other procedures and authority for
24 investigation, supervision, and conduct of actions on behalf of the state as provided
25 by law to enforce the provisions of this Part.
26 H. A court that the attorney general has petitioned may issue any additional
27 orders or render judgments against the foreign adversary or the prohibited foreign
28 actor as may be necessary to protect the public. Such orders shall include but not be
29 limited to any of the following:
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1 (1) Revocation, forfeiture, or suspension of any license, charter, franchise,
2 certificate, or other evidence of authority of any person to do business in the state.
3 (2) Appointment of a receiver.
4 (3) Dissolution of domestic corporations or associations.
5 (4) Suspension or termination of the right of foreign corporations or
6 associations to do business in this state.
7 (5) Restitution to compensate any person who did not knowingly enter into
8 a transaction with the foreign adversary or a prohibited foreign actor for any loss,
9 expenses, court costs, or attorney fees which may have been incurred because of the
10 sale being void or enjoined.
11 (6) Civil forfeiture of any immovable property acquired by the foreign
12 adversary or the prohibited foreign actor in accordance with this Section.
13 I.(1) If, after examining the evidence, the attorney general concludes that a
14 violation of this Part has occurred, the attorney general may order the foreign
15 adversary or prohibited foreign actor to divest himself of all interests in the land
16 within ninety days after service of the order upon the foreign adversary or prohibited
17 foreign actor.
18 (2) The order of divestiture described in Paragraph (1) of this Subsection
19 shall be served personally or by certified mail.
20 J.(1) If the holder of the interest that is ordered to be divested disputes the
21 determination of the attorney general that a violation of this Part occurred, the holder
22 may submit a written request to the attorney general for a judicial determination.
23 (2) The written request described in Paragraph (1) of this Subsection shall
24 be delivered to the attorney general within sixty days after service of the order of
25 divestiture. If no written request is received within this time, the determination of
26 the attorney general shall become final.
27 (3) A foreign adversary, prohibited foreign actor, or any holder of interest
28 may seek judicial review after the final determination of the attorney general.
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1 (4) Any appeal from the final determination of the attorney general shall be
2 in accordance with the Administrative Procedure Act.
3 K.(1) If the foreign adversary or prohibited foreign actor fails to divest
4 himself of all interests pursuant to Paragraph (I)(1) of this Section or if a holder of
5 the interest submits a written request pursuant to Subsection J of this Section, the
6 attorney general may bring an action to divest the interest.
7 (2) The attorney general may initiate a civil action pursuant to this Section
8 in either the parish of East Baton Rouge or a parish where a portion of the
9 immovable property is located.
10 (3) The attorney general shall record in the public mortgage records of the
11 parish clerk of court of each parish where any portion of the immovable property is
12 located a notice of pendency of the action pursuant to Chapter 4 of Code Title II of
13 Book VII of the Code of Civil Procedure.
14 L. If the holder of the interest in immovable property has submitted a written
15 request pursuant to Subsection J of this Section, the court shall conduct an
16 evidentiary hearing to determine, by a preponderance of the evidence, if a violation
17 of this Part occurred prior to taking any other action. If the court determines that
18 there has been no violation, the court shall dismiss the action and expunge the notice
19 of pending action.
20 M.(1) If a court of competent jurisdiction determines that a violation of this
21 Part has occurred, the court shall order the sheriff in the parish where the immovable
22 property is located to sell the immovable property in the same manner as a judicial
23 sale in accordance with the requirements of Chapter 3 of Code Title VII of Book III
24 of the Code of Civil Procedure.
25 (2) The court shall order that the price of the sale is no less than the sum of
26 all of the following:
27 (a) Ad valorem taxes and other liens payable to a political subdivision of the
28 state that are due or past due and attributable to the property.
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1 (b) Indebtedness, including interests, penalties, attorney fees, court costs, and
2 other expenses, secured by a conventional mortgage on the property or any portion
3 of the property.
4 (c) Indebtedness, including interest, penalties, attorney fees, and court costs,
5 secured by a judicial or legal mortgage on the property.
6 (d) Indebtedness, including interest, penalties, attorney fees, and court costs,
7 secured by a lien or privilege on the property.
8 (e) Commissions due to a real estate broker or real estate agent.
9 (f) Costs related to the perfection of the sale.
10 (2) After satisfaction of all mortgages, liens, privileges, and other
11 encumbrances of the property and payment of all persons providing services in
12 connection with the transfer of the property, sheriff's fees, and credits to the
13 purchaser relating to tax and other customary prorations, the remaining proceeds of
14 the sale shall be considered a civil asset forfeiture and the money shall be paid to the
15 Department of Justice.
16 §2717.1.5. Protection of ownership interests
17 A. All forfeitures or dispositions under this Part shall be made with due
18 provisions for the rights of any person who did not knowingly enter into a transaction
19 with the foreign adversary or the prohibited foreign actor.
20 B. No mortgage, lien, privilege, or other security interest recognized under
21 the laws of this state and no ownership interest in indivision, lease, servitude,
22 usufruct, right of use, bond for deed, or other real right shall be affected by the
23 forfeiture, seizure, or divestiture provisions of this Part.
24 C. No forfeiture or disposition pursuant to this Part shall affect the rights of
25 any person who did not knowingly enter into a transaction with the foreign adversary
26 or a prohibited foreign actor.
27 D. The attorney general shall, within three business days of instituting any
28 action pursuant to this Part, file a copy of the petition or other pleading instituting
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1 the action in the mortgage records of the parish where any related immovable
2 property is situated.
3 E. The attorney general shall provide notice of pending forfeiture, seizure,
4 or divestiture to the holder of each mortgage, lien, or security interest in the same
5 manner as provided in R.S. 14:90.1 or R.S. 40:2608.
6 F. The attorney general shall provide notice of pending forfeiture, seizure,
7 or divestiture to the holder of any interest in the immovable property being seized.
8 G. The attorney general may cause the cancellation of the petition or other
9 pleading from the mortgage records no later than three business days after judgment
10 is rendered or after a request for cancellation is made by any interested party seeking
11 to transfer the property to a person other than a foreign adversary or a prohibited
12 foreign actor. If the petition or other pleading relates to a property interest vested in
13 a foreign adversary or a prohibited foreign actor, the attorney general may petition
14 the court for an order requiring that the proceeds of the sale attributable to the
15 property interest of the foreign adversary or a prohibited foreign actor be deposited
16 in the registry of the court where the proceeding is pending after the deduction of
17 payments to mortgagees, lienholders, person providing services in connection with
18 the transfer of the property, and credits to the purchaser relating to tax and other
19 customary prorations.
20 §2717.1.6. Limitation of liability for failure to identify a foreign adversary or
21 prohibited foreign actor
22 No attorney, title insurer, title insurance producer, title insurance agency
23 producer, lender, mortgage servicer, notary public, real estate agent, real estate
24 broker, seller, or lessor, or any of their directors, officers, or employees, are required
25 to make any investigation as to whether a party to a transaction involving immovable
26 property is a foreign adversary or prohibited foreign actor, nor is any such person
27 liable for failing to identify that a party to a transaction involving immovable
28 property is a foreign adversary or prohibited foreign actor.
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1 §2717.1.7. Applicability
2 Except as otherwise provided in this Part, the provisions contained in this
3 Part apply only to immovable property acquired by a foreign adversary or prohibited
4 foreign actor on or after August 1, 2026. If a foreign adversary or prohibited foreign
5 actor acquires immovable property despite the prohibitions contained in this Part, the
6 property shall be subject to forfeiture only during the period in which the foreign
7 adversary or prohibited foreign actor owns the property. Rights in immovable
8 property shall not be void or voidable because the property or right in that property
9 was previously held by a foreign adversary or prohibited foreign actor.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 816 Reengrossed 2026 Regular Session Galle
Abstract: Prohibits foreign adversaries from acquiring or owning property near military
installations.
Proposed law prohibits any foreign adversary or prohibited foreign actor from directly or
indirectly owning, acquiring, leasing, or otherwise obtaining any interest in
military-installation-adjacent land and permits a prohibited foreign actor to sell or convey
an ownership interest in military-installation-adjacent land in this state.
Proposed law provides for reliance based upon affidavits made by a person intending to
acquire or holding an interest in immovable property to the effect that the person is not a
foreign adversary or a prohibited foreign actor.
Proposed law defines the terms "controlling interest", "foreign adversary", "military
installation", "military-installation-adjacent land" and "prohibited foreign actor".
Proposed law provides for exceptions.
Proposed law provides for procedures, guidelines, and the duties of the attorney general
relative to civil actions, civil penalties, and protection of ownership interests.
Proposed law provides for a limitation of liability.
Proposed law applies only to immovable property acquired by a foreign adversary or
prohibited foreign actor on or after Aug. 1, 2026.
(Adds R.S. 9:2717.1.1-2717.1.7)
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Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Judiciary to the original
bill:
1. Make a technical change to correct a citation of federal law.
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