Ag. land/foreign ownership

AN ACT Relating to foreign ownership of agricultural land in 1
Washington; amending RCW 64.16.005; adding new sections to chapter 2
64.16 RCW; and declaring an emergency. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 64.16.005 and 2012 c 117 s 195 are each amended to 5
read as follows: 6
((Any)) Except as provided in section 2 of this act, any alien 7
may acquire and hold lands, or any right thereto, or interest 8
therein, by purchase, devise, or descent; and he or she may convey, 9
mortgage, and devise the same, and if he or she shall die intestate, 10
the same shall descend to his or her heirs, and in all cases such 11
lands shall be held, conveyed, mortgaged, or devised, or shall 12
descend in like manner and with like effect as if such alien were a 13
native citizen of this state or of the United States.14
NEW SECTION. Sec. 2. A new section is added to chapter 64.16 15
RCW to read as follows: 16
(1) Notwithstanding any other provision of law, in order to 17
protect the health, safety, and welfare of all citizens of 18
Washington, on and after July 1, 2025, no foreign adversary shall 19
acquire any interest in agricultural land in this state.20
H-1415.1
HOUSE BILL 1999
State of Washington 69th Legislature 2025 Regular Session
By Representatives Schmick, Dent, Eslick, Dufault, Chase, Engell, and
Abell
Read first time 02/19/25. Referred to Committee on Civil Rights &
Judiciary.
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(2) Any acquisition of any interest in agricultural land in 1
violation of this section shall be void, and title to such interest 2
in agricultural land shall be deemed to have vested as of the date of 3
such purported acquisition in the name of the state of Washington 4
without any payment of consideration of any kind by the state. The 5
foreign adversary purporting to acquire such interest in agricultural 6
land shall be barred from making a claim against any party for 7
restitution of the purchase price paid by such foreign adversary in 8
connection with such interest in agricultural land or for any other 9
kind of payment relating to the foreign adversary's loss or lack of 10
title to such interest in agricultural land. Any lien that has 11
attached to such interest in agricultural land during the foreign 12
adversary's purported acquisition or ownership shall remain a valid 13
lien against the interest during such time as the interest is held by 14
the state except that such lien shall not be subject to foreclosure 15
during the period of the state's ownership nor shall the state be 16
subject to the terms of any agreement giving rise to the lien. The 17
state may hold or dispose of such interest in agricultural land in 18
any lawful manner. 19
(3) Notwithstanding the provisions in subsection (2) of this 20
section, if the foreign adversary has subsequently sold or 21
transferred the interest in agricultural land to a person or entity 22
that is not a foreign adversary, title to such interest in 23
agricultural land shall be vested in the subsequent nonforeign 24
adversary purchaser or transferee and shall be valid as if the 25
purported acquisition of such interest in agricultural land by a 26
foreign adversary had not occurred. 27
(4) If an interest in agricultural land has been acquired in 28
violation of this section, a county, city, or attorney for the 29
locality in which the agricultural land is located, the attorney 30
general, or any nonforeign adversary person that was a party to the 31
void transaction or is a subsequent holder of such interest may file 32
an action: (a) To eject the foreign adversary from possession; (b) to 33
quiet title to such property; or (c) for any other appropriate action 34
to ratify the nullification of the transaction. Any action brought 35
pursuant to this subsection must be filed in the superior court for 36
the county where the subject property is located. 37
(5) This section shall not be applied in a manner inconsistent 38
with any provision of any treaty between the United States and 39
another country. 40
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NEW SECTION. Sec. 3. A new section is added to chapter 64.16 1
RCW to read as follows: 2
(1) Based on the reports submitted pursuant to the federal 3
agricultural foreign investment disclosure act, 7 U.S.C. Sec. 3501 et 4
seq., and other information the department, at its discretion, deems 5
appropriate, the department shall compile an annual report in 6
consultation with any other state agency or board it deems 7
appropriate, for each calendar year, containing all of the following 8
information, if available: 9
(a) The total amount of agricultural land in Washington, and 10
within each county, that is under foreign ownership;11
(b) The percentage change in foreign ownership of agricultural 12
land in Washington, and within each county, for each year over the 13
prior 10 years; 14
(c) The purpose for which foreign-owned agricultural land in 15
Washington is being used currently. To the extent such information is 16
available, the department shall also include any significant recent 17
changes or trends in the uses of foreign-owned agricultural land in 18
Washington; and 19
(d) Any legislative, regulatory, or administrative policy changes 20
the department recommends in light of the information in this report.21
(2) The department shall publish its inaugural report pursuant to 22
subsection (1) of this section on its website no later than July 1, 23
2025, and each subsequent report no later than July 1st of each 24
following year. The department shall also provide copies of such 25
report to the governor, the chair and ranking minority member of the 26
house of representatives agriculture and natural resources committee, 27
or its successor committee, and the chair and ranking minority member 28
of the senate agriculture, water, natural resources and parks 29
committee, or its successor committee. 30
NEW SECTION. Sec. 4. A new section is added to chapter 64.16 31
RCW to read as follows: 32
The definitions in this section apply throughout this chapter 33
unless the context clearly requires otherwise. 34
(1) "Agricultural land" means land used for forestry production 35
and land currently used for, or, if currently idle, land last used 36
within the past five years, for farming, ranching, or timber 37
production, except land not exceeding 10 acres in the aggregate, if 38
the annual gross receipts from the sale of the farm, ranch, or timber 39
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products produced thereon do not exceed $1,000. Farming, ranching, or 1
timber production includes, but is not limited to, orchards and 2
cattle feed lots, and all activities set forth in the standard 3
industrial classification manual (1987), division A, exclusive of 4
industry numbers 0711-0783 and 0851. Land used for forestry 5
production means, land exceeding 10 acres in which 10 percent is 6
stocked by trees of any size, including land that formerly had such 7
tree cover and that will be naturally or artificially regenerated.8
(2) "Department" means the Washington department of agriculture.9
(3) "Foreign adversary" means any foreign government or 10
nongovernment person determined by the United States secretary of 11
commerce to have engaged in a long-term pattern or serious instances 12
of conduct significantly adverse to the national security of the 13
United States or security and safety of United States persons, as set 14
forth in 15 C.F.R. Sec. 7.4 or such successor regulation, 15
declaration, or statute as may exist from time to time.16
(4) "Interest in agricultural land" means any right, title, or 17
interest, direct or indirect, in and to: (a) Agricultural land; or 18
(b) any entity or other organization that holds any right, title, or 19
interest, direct or indirect, in and to agricultural land. For 20
purposes of this definition, any interest that taken on its own or 21
together with any other interest held in common or under common 22
control does not give the holder of the interest the ability to 23
possess or occupy the agricultural land in any manner or the power or 24
authority to direct the conduct of the agricultural operation being 25
conducted on the agricultural land, shall not be deemed an interest 26
in agricultural land for purposes of this chapter.27
NEW SECTION. Sec. 5. This act is necessary for the immediate 28
preservation of the public peace, health, or safety, or support of 29
the state government and its existing public institutions, and takes 30
effect immediately.31
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