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ENGR. H. B. NO. 1546 Page 1
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ENGROSSED HOUSE
BILL NO. 1546 By: Patzkowsky of the House
and
Frix of the Senate
An Act relating to alien ownership of land; amending
60 O.S. 2021, Section 121, as last amended by Section
1, Chapter 373, O.S.L. 2024 (60 O.S. Supp. 2024,
Section 121), which relates to prohibition of alien
ownership of land; defining terms; providing list of
governments that are considered foreign government
adversaries; prohibiting certain ownership by certain
parties; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 60 O.S. 2021, Section 121, as last
amended by Section 1, Chapter 373, O.S.L. 2024 (60 O.S. Supp. 2024,
Section 121), is amended to read as follows:
Section 121. A. As used in Sections 121 through 127 of this
title:
1. "Agricultural and forestry property" means all real property
used for raising, harvesting, and selling crops or for the feeding,
breeding, management, raising, sale, or the production of livestock,
or for the growing and sale of timber and forest products;
2. "Critical infrastructure facility" means any of the
following:
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a. a chemical manufacturing facility,
b. a refinery,
c. a plant or facility producing electric energy no
matter how generated or produced,
d. a water treatment facility or wastewater treatment
plant,
e. a liquid natural gas terminal,
f. a telecommunications central switching office, and
g. a gas processing plant, including any plant used in
the processing, treatment, or fractionation of natural
gas;
3. "Deed" means any instrument in writing whereby land is
assigned, transferred, or otherwise conveyed to, or vested in, the
person coming into title or, at his or her direction, any other
person;
2. 4. "Foreign government adversary" means a government other
than the federal government of the United States, the government of
any state, political subdivision of the state, tribe, territory, or
possession of the United States and designated by the United States
Secretary of State as hostile or a Country of Particular Concern
(CPC); furthermore, the following governments shall be considered
foreign government adversaries:
a. China,
b. Iran,
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c. North Korea, and
d. Russia;
3. 5. "Foreign government enterprise" means a business entity,
sovereign wealth fund, or state-backed investment fund in which a
foreign government adversary holds a controlling interest;
4. 6. "Foreign government entity" means a government other than
the federal government of the United States, the government of any
state, political subdivision of the state, tribe, territory, or
possession of the United States; and
7. "Foreign principal" means any of the following:
a. the government or any official of the government of a
foreign government adversary,
b. a political party or member of a political party or
any subdivision of a political party in a country
deemed a foreign government adversary, or
c. a country or government identified on any sanctions
list of the United State Department of the Treasury's
Office of Foreign Assets Control;
5. 8. "Land" means the same as defined in Section 6 of this
title, but shall not include oil, gas, other minerals, or any
interest therein;
9. "Military installation" means a base, camp, post, station,
yard, or center that is under the jurisdiction of the Department of
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Defense or its affiliates including the Oklahoma National Guard,
encompassing at least ten (10) contiguous acres; and
10. "Real property" means any land, buildings, or fixtures, and
all other improvements to land.
B. No alien or any person who is not a citizen of the United
States or foreign government adversary shall acquire title to or own
land in this state either directly or indirectly through a business
entity, trust, or foreign government enterprise, except as
hereinafter provided, but they shall have and enjoy in this state
such rights as to personal property as are, or shall be, accorded a
citizen of the United States under the laws of the nation to which
such alien belongs, or by the treaties of such nation with the
United States, except as the same may be affected by the provisions
of Section 121 et seq. of this title or the Constitution of this
state. Provided, however, the requirements of this subsection shall
not apply to a business entity that is engaged in regulated
interstate commerce or has a national security agreement with the
Committee on Foreign Investment in the United States (CFIUS) in
accordance with federal law.
C. On or after November 1, 2023, any deed recorded with a
county clerk shall include as an exhibit to the deed an affidavit
executed by the person, the person's attorney-in-fact, a court-
appointed guardian or personal representative, an authorized officer
of the entity, or trustee of the trust coming into title attesting
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that the person, business entity, or trust is obtaining the land in
compliance with the requirements of this section and that no funding
source is being used in the sale or transfer in violation of this
section or any other state or federal law. A county clerk shall not
accept and record any deed without an affidavit as required by this
section which is duly notarized pursuant to Title 49 of the Oklahoma
Statutes. The requirements of this subsection shall not apply to a:
1. Deed which, without additional consideration, confirms,
corrects, modifies, or supplements a deed previously recorded;
2. Deed made by a grantor to cure a defect in title or
effectuate a disclaimer of interest in real property;
3. Transfer-on-death deed made by a grantor designating a
grantee beneficiary pursuant to the Nontestamentary Transfer of
Property Act, Section 1251 et seq. of Title 58 of the Oklahoma
Statutes;
4. State or federal court order in an action to quiet title or
to cure a defect in title;
5. State or federal court order or decree in probate,
partition, quiet title, and divorce actions;
6. Deed which secures a debt or other obligation, or which
releases such property as security for a debt or other obligation;
7. Deed of dedication to the public; or
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8. Deed in favor of the United States or any of its political
subdivisions, a state or any of its political subdivisions, or a
tribe.
The applicable exemption shall be shown on the face of the deed
prior to the recording of the deed and no affidavit shall be
required.
D. The Attorney General shall promulgate a separate affidavit
form for individuals and for business entities or trusts to comply
with the requirements of this section. The Attorney General may
establish additional exemptions which the Attorney General deems
necessary to substantially comply with the requirements of this
section. The county clerk may accept an affidavit in substantial
compliance with the affidavit form promulgated by the Attorney
General.
E. Notwithstanding any other law, no foreign principal shall
acquire title to, or acquire a controlling interest in, any of the
following:
1. Agricultural and forest property; or
2. Real property on or within two hundred (200) miles of any
military installation or critical infrastructure facility.
SECTION 2. This act shall become effective November 1, 2025.
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Passed the House of Representatives the 13th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the ____ day of __________, 2025.
Presiding Officer of the Senate