Read the full stored bill text
Req. No. 14371 Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3803 By: Adams
AS INTRODUCED
An Act relating to foreign ownership of land;
providing criminal penalty for violation; amending 60
O.S. 2021, Sections 121, as last amended by Section
1, Chapter 373, O.S.L. 2024 (60 O.S. Supp. 2025,
Section 121), 122, 123, 124, 127, as amended by
Section 5, Chapter 373, O.S.L. 2024 (60 O.S. Supp.
2025, Section 127), which relates to foreign
ownership of land; defining terms; removing terms;
restricting a prohibited foreign-party-controlled
business from acquiring land; providing that a party
may not hold or retain land as an agent, trustee, or
other fiduciary for certain parties; prohibiting
certain leases; providing that a prohibited foreign
party shall not own certain agricultural land;
providing that a resident is not a prohibited foreign
party; providing timeline for divesture of certain
property; updating statutory references; updating
timing provision to divest certain property; updating
certain allowed ownership timing provision; providing
for codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 128 of Title 60, unless there is
created a duplication in numbering, reads as follows:
A prohibited foreign party or other party acting in concert with
a prohibited foreign party as an agent, trustee, or other fiduciary
Req. No. 14371 Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
owning land in violation of this act upon conviction shall be guilty
of a felony and shall be punishable by a fine not exceeding Fifteen
Thousand Dollars ($15,000.00), by imprisonment in the State
Penitentiary not exceeding two (2) years, or by both such fine and
imprisonment.
SECTION 2. AMENDATORY 60 O.S. 2021, Section 121, as last
amended by Section 1, Chapter 373, O.S.L. 2024 (60 O.S. Supp. 2025,
Section 121), is amended to read as follows:
Section 121. A. As used in Sections 121 through 127 of this
title:
1. "Agricultural land" means any Oklahoma land that is:
a. used for forestry production, including, without
limitation, land exceeding ten (10) acres in which ten
percent (10%) of the land is stocked by trees of any
size, including land that formerly had trees of any
size covering the land that will be naturally or
artificially regenerated, or
b. currently used for, or, if currently idle, land last
used within the past five (5) years, for farming,
ranching, or timber production, except land not
exceeding ten (10) acres in the aggregate, if the
annual gross receipts from the sale of the farm,
ranch, or timber products produced on the land do not
exceed One Thousand Dollars ($1,000.00), including,
Req. No. 14371 Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
without limitation, land used for activities described
in the Standard Industrial Classification Manual
(1987), Division A, exclusive of industry numbers
0711-0783, 0851, and 0912-0919 which cover animal
trapping, game management, hunting carried on as a
business enterprise, trapping carried on as a business
enterprise, and wildlife management, and
c. shall not include oil, gas, and all other minerals,
including coal, lignite, brine, and all minerals known
and recognized as commercial minerals underlying the
land.
2. "Controlling interest" means an ownership interest of fifty
percent (50%) or more, in the aggregate;
3. "Critical infrastructure" means physical or virtual systems
and assets that:
a. if incapacitated or destroyed would have a
debilitating impact on security, national economic
security, public health or safety, or any combination
of security, national economic security, or public
health and safety, and
b. are publicly or privately owned,
and includes, without limitation, the following:
a. a military installation or facility,
b. an emergency service,
Req. No. 14371 Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
c. a power generation or transmission location,
d. a utility,
e. a bridge,
f. a tunnel,
g. a railway,
h. a dam,
i. a cybersecurity or classified information storage
system, and
j. a communication or information technology node or
facility.
4. "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;
5. "Foreign government" means any government other than the
federal government or any government of a state or a political
subdivision of a state;
2. "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);
Req. No. 14371 Page 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
3. "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. "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
6. "Interest in agricultural land" means all direct interest
acquired, transferred, or held in agricultural land, including,
without limitation, a lease of agricultural land;
5. 7. "Land" means the same as defined in Section 6 of this
title, but shall not include oil, gas, other minerals, or any
interest therein.
8. "Party" means any individual, corporation, company,
association, firm, partnership, society, joint-stock company, trust,
estate, or any other legal entity;
9. "Prohibited foreign party" means:
a. a citizen or resident of a country subject to
International Traffic in Arms Regulations, pursuant to
22 C.F.R., Section 126.1, unless the person is also a
citizen of the United States,
b. a foreign government formed within a country subject
to International Traffic in Arms Regulations, pursuant
to 22 C.F.R., Section 126.1,
Req. No. 14371 Page 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
c. a party or entity other than an individual or a
government that is created or organized under the laws
of a foreign government within a country subject to
International Traffic in Arms Regulations, pursuant to
22 C.F.R., Section 126.1,
d. any party or entity other than an individual or a
government:
(1) that is created or organized under the laws of
any state, and
(2) in which a significant interest or substantial
control is directly or indirectly held or is
capable of being exercised by:
(a) an individual referred to in subparagraph a
of this paragraph,
(b) a foreign government referred to in
subparagraph b of this section,
(c) a party or entity referred to in
subparagraph c of this paragraph, or
(d) a combination of the individuals, parties,
entities, or governments referred to in this
division,
e. an Entity of Particular Concern designated by the
United States Department of State, or
Req. No. 14371 Page 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
f. an agent, trustee, or other fiduciary of a person or
entity enumerated in subparagraphs a through e of this
paragraph;
10. "Prohibited foreign-party-controlled business" means a
corporation, company, association, firm, partnership, society,
joint-stock company, trust, estate, or other legal entity whose
controlling interest is owned by a prohibited foreign party;
11. "Residence" means a person's principal dwelling place where
the person intends to remain permanently for an indefinite period of
time;
12. "Resident alien" means a person who:
a. is not a citizen of the United States, and
b. is a bona fide resident of Oklahoma;
13. "Significant interest" or "substantial control" means:
a. an interest of thirty-three percent (33%) or more held
by:
(1) a party referred to in subparagraph d of
paragraph 9 of this subsection,
(2) an individual referred to in subparagraph a of
paragraph 9 of this subsection,
(3) a party referred to in subparagraph c of
paragraph 9 of this subsection,
(4) a single government referred to in subparagraph b
of paragraph 9 of this subsection,
Req. No. 14371 Page 8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(5) a party acting in concert with one (1) or more
prohibited foreign parties,
b. an interest of thirty-three percent (33%) or more held
whenever the parties, individuals, or governments
referred to in paragraph 9 of this subsection are
acting in concert with respect to the interest even
though no single individual, party, or government
holds an interest of thirty-three percent (33%) or
more, or
c. an interest of fifty percent (50%) or more, in the
aggregate, held by parties, individuals, or
governments referred to in paragraph 9 of this
subsection even though the individuals, parties, or
foreign governments may not be acting in concert.
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
Req. No. 14371 Page 9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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. A prohibited foreign-party-controlled
business shall not acquire by grant, purchase, lease, devise,
descent, or otherwise to any interest in land in this state.
C. A party may not hold or retain land as an agent, trustee, or
other fiduciary for a prohibited foreign-party-controlled business
in violation of this section.
D. A prohibited foreign-party-controlled business shall not
lease any interest in land in this state.
E. A prohibited foreign party shall not hold any interest in
agricultural land located within a ten-mile radius of critical
infrastructure.
F. An individual who is a resident shall not be considered a
prohibited foreign party.
G. A prohibited foreign-party-controlled business entity in
violation of this section shall have one (1) year to divest their
interest in the land.
C. H. 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
Req. No. 14371 Page 10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
of the entity, or trustee of the trust coming into title attesting
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
Req. No. 14371 Page 11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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.
SECTION 3. AMENDATORY 60 O.S. 2021, Section 122, is
amended to read as follows:
Section 122. This article shall not apply to lands now owned in
this state by resident aliens so long as they are held by the
present owners, nor to any resident alien who is or shall take up
bona fide residence in this state: and any resident alien who is or
shall become a bona fide resident of the State of Oklahoma shall
have the right to acquire and hold lands in this state upon the same
terms as citizens of the State of Oklahoma during the continuance of
such bona fide residence of such resident alien in this state:
Req. No. 14371 Page 12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Provided, that if any such resident alien shall cease to be a bona
fide inhabitant of this state, such alien shall have five (5) years
one (1) year from the time he ceased he or she ceases to be such
bona fide resident in which to alienate such lands.
SECTION 4. AMENDATORY 60 O.S. 2021, Section 123, is
amended to read as follows:
All nonresident aliens A prohibited foreign party or a
prohibited foreign-party-controlled business entity who may
hereinafter acquire real estate in Oklahoma by devise, descent or by
purchase, where such purchase is made under any legal proceeding
foreclosing liens in favor of such alien, may hold the same for five
(5) years one (1) year from the date of so acquiring such title.
SECTION 5. AMENDATORY 60 O.S. 2021, Section 124, is
amended to read as follows:
Section 124. Any alien prohibited foreign party or prohibited
foreign-party-controlled business entity who shall hereafter hold
lands in this state in contravention of the provisions of this
article, may nevertheless convey the fee simple title thereof at any
time before the institution of foreclosure proceedings as
hereinafter provided. Provided, however, that if any such
conveyance shall be made by such alien prohibited foreign party or
prohibited foreign-party-controlled business entity either to an
alien a prohibited foreign party or prohibited foreign-party-
controlled business entity or a citizen of the United States in
Req. No. 14371 Page 13
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
trust, and for the purpose and with the intention of evading the
provisions of this article, or the provisions of the Constitution of
this state, such conveyance shall be null and void, and any such
lands so conveyed shall be forfeited and absolutely foreclosed upon.
SECTION 6. AMENDATORY 60 O.S. 2021, Section 127, as
amended by Section 5, Chapter 373, O.S.L. 2024 (60 O.S. Supp. 2025,
Section 127), is amended to read as follows:
Section 127. If it shall be determined upon the trial of any
such foreclosure proceedings that lands are held contrary to the
provisions of this article, or the Constitution of this state, the
court trying such cause shall render judgment condemning such lands,
and order the same to be sold under the order of court, at such
time, terms, and conditions as to the court may seem best; the
proceeds of such sale, after deducting the cost of the proceeding,
shall be paid to any lienholders of the property if applicable, then
the rest shall be paid to the clerk of the court rendering the
judgment where the same shall remain for one (1) year from the date
of such payment, subject to the order of the alien prohibited
foreign party or prohibited foreign-party-controlled business entity
owner of such lands, his or her heirs and legal representatives, and
if not claimed within the period of one (1) year, such clerk shall
pay the same into the State Treasury for the benefit of the
available school fund of the state. Provided, that when any money
shall have been paid to the State Treasurer as hereinabove provided,
Req. No. 14371 Page 14
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
an alien the prohibited foreign party or prohibited foreign-party-
controlled business entity or his or her heirs may procure the same
to be returned by applying for and procuring an order from the court
condemning the property showing that such judgment foreclosing the
property was procured by fraud, or mistake, or that there was
material irregularity in the proceedings; this application, however,
must be made within two (2) years from the date such monies were
turned over into the State Treasury; and in no event shall the state
be liable or called on to refund any further sum than the actual
cash transmitted and delivered to such Treasurer. Provided further,
that the defendant in such foreclosure proceedings may at any time
before final judgment suggest and prove to the court that he or she
has conformed to or complied with the law, under and by which he or
she will be entitled to hold such estate; which, it being admitted
or proved, the suit shall be dismissed on payment by defendant of
the costs and reasonable attorney fees, to be fixed by the court.
SECTION 7. This act shall become effective November 1, 2026.
60-2-14371 JL 01/07/26