Foreign ownership of real estate

2025-2026 Bill 3408: Foreign ownership of real estate - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
Download
This Bill
in Microsoft Word Format
Indicates Matter Stricken
Indicates New Matter
H. 3408
STATUS INFORMATION
General Bill
Sponsors: Reps. Haddon, Forrest, Gilliam, Ligon, Taylor, C. Mitchell, Pope, Magnuson, Pedalino, McCravy, Chumley, Hixon, W. Newton, Calhoon, D. Mitchell, Cromer, Gilreath, Duncan, M.M. Smith and Gibson
Companion/Similar bill(s): 106, 204
Document Path: LC-0034SA25.docx
Introduced in the House on January 14, 2025
Introduced in the Senate on April 22, 2026
Last Amended on April 21, 2026

Currently residing in the Senate Committee on
Judiciary
Summary: Foreign ownership of real estate
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

12/5/2024

House

Prefiled

12/5/2024

House

Referred to Committee on
Judiciary

1/14/2025

House

Introduced and read first time (
House Journal-page 193
)

1/14/2025

House

Referred to Committee on
Judiciary
(
House Journal-page 193
)

5/28/2025

House

Member(s) request name added as sponsor: W. Newton

4/15/2026

House

Member(s) request name added as sponsor: Calhoon

4/15/2026

House

Committee report: Favorable with amendment
Judiciary
(
House Journal-page 3
)

4/16/2026

House

Member(s) request name added as sponsor: D.
Mitchell, Cromer, Gilreath

4/16/2026

Scrivener's error corrected

4/21/2026

House

Member(s) request name added as sponsor: Duncan,
M.M. Smith, Gibson

4/21/2026

House

Amended (
House Journal-page 20
)

4/21/2026

House

Read second time (
House Journal-page 20
)

4/21/2026

House

Roll call Yeas-116 Nays-0 (
House Journal-page 22
)

4/22/2026

House

Read third time and sent to Senate (
House Journal-page 21
)

4/22/2026

Senate

Introduced and read first time (
Senate Journal-page 7
)

4/22/2026

Senate

Referred to Committee on
Judiciary
(
Senate Journal-page 7
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
12/05/2024
04/15/2026
04/16/2026
04/21/2026

Amended

April 21, 2026

H. 3408

Introduced by Reps. Haddon, Forrest, Gilliam,
Ligon, Taylor, C. Mitchell, Pope, Magnuson, Pedalino, McCravy, Chumley, Hixon,
W. Newton, Calhoon, D. Mitchell, Cromer, Gilreath, Duncan, M. M. Smith and
Gibson

S. Printed 4/21/26--H.

Read the first time January 14, 2025

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION
27-1-80
SO AS TO PROVIDE THAT CERTAIN COMPANIES OWNED, IN WHOLE OR IN PART, BY
ANY UNITED STATES-DECLARED FOREIGN ADVERSARY MAY NOT OWN, LEASE, POSSESS, OR
EXERCISE ANY CONTROL OVER ANY REAL ESTATE IN THIS STATE AND TO PROVIDE THAT
FRAUDULENT TRANSACTIONS ARE VOID.

Amend Title To Conform

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
C
hapter 1, Title 27 of the S.C. Code is amended by
adding:

S
ection
27-1-80
. (A) For the purposes of this section:

(
1)
"Agricultural land" means real estate in South Carolina used or zoned in a
manner that would permit the use of the real estate for an agricultural
operation.

(
2)
"Agricultural operation" means any operation devoted to the bona fide
production of crops, animals, or fowl, including the production of fruits and
vegetables of any kind; meat, dairy, and poultry products; nuts, tobacco,
nursery, and floral products; and the production and harvest of products from
silvicultural activity.

(
3)
"Department" means the South Carolina Department of Agriculture.

(
4)
"Foreign adversary" means any foreign government or nongovernment person
determined by the U.S. Secretary of Commerce to have engaged in a long-term
pattern or serious instances of conduct significantly adverse to the national
security of the United States or security and safety of United States persons,
as set forth in 15 C.F.R. Subsection 791.4 or such successor regulation,
declaration, or statute as may exist from time to time.

(
5)
(
a) "Interest in agricultural land"
means any right, title, or interest, direct or indirect, in and to:

(
i)
agricultural land; or

(
ii)
any entity or other organization that holds any right, title, or interest,
direct or indirect, in and to agricultural land.

(
b)
For purposes of this item, any interest that taken on its own or together with
any other interest held in common or under common control does not give the
holder of the interest the ability to possess or occupy the agricultural land
in any manner or the power or authority to direct the conduct of the
agricultural operation being conducted on the agricultural land, shall not be
deemed an "interest in agricultural land" for purposes of this section.

(
B)
Notwithstanding any other provision of law, in order to protect the health,
safety, and welfare of all citizens of the State, on and after July 1, 2026, no
foreign adversary shall acquire any interest in agricultural land in South
Carolina.

(
C) Any
acquisition of any interest in agricultural land in violation of this section
is void, and title to such interest in agricultural land is considered to be
vested as of the date of such purported acquisition in the name of this State
without any payment of consideration of any kind by this State. The foreign
adversary purporting to acquire such interest in agricultural land is barred
from making a claim against any party for restitution of the purchase price
paid by such foreign adversary in connection with the interest in agricultural
land or for any other kind of payment relating to the foreign adversary's loss
or lack of title to the interest in agricultural land. Any lien that has
attached to the interest in agricultural land during the foreign adversary's
purported acquisition or ownership remains a valid lien against the interest
during such time as the interest is held by this State except that such lien
may not be subject to foreclosure during the period of this state's ownership,
nor may this State be subject to the terms of any agreement giving rise to the
lien. This State may hold or dispose of such interest in agricultural land in
any proper manner.

(
D)
Notwithstanding the provisions in subsection (C), if the foreign adversary has
subsequently sold or transferred the interest in agricultural land to a person
or entity that is not a foreign adversary, title to such interest in
agricultural land shall be vested in the subsequent non-foreign adversary
purchaser or transferee and is valid as if the purported acquisition of such
interest in agricultural land by a foreign adversary has not occurred.

(
E)
(
1) If an interest in agricultural land
has been acquired in violation of this section, a county, city, or town
attorney for the locality in which the agricultural land is located, the
Attorney General, or any non-foreign adversary person that was a party to the
void transaction or is a subsequent holder of such interest may file an action:

(
a)
to eject the foreign adversary from possession;

(
b)
to quiet title to such property; or

(
c)
for any other appropriate action to ratify the nullification of the
transaction.

(
2)
Any action brought pursuant to this subsection shall be filed in the circuit
court where the subject property is located.

(
F)
This section shall not be applied in a manner inconsistent with any provision
of any treaty between the United States and another country.

S
ECTION 2. This act takes effect upon approval
by the Governor and first applies after July 1, 2026.

----XX----

This web page was last updated on April 21, 2026 at 7:19 PM