Agriculture; prohibiting acquisition of possessory interest in certain land by certain foreign persons and entities; provide for a definition
Summary
HB 358 amends Georgia law governing restrictions on the acquisition of possessory interests in certain land by foreign persons and entities. The bill adds a statutory definition of “military installation,” specifying that the term means a facility owned and operated by the U.S. Army, Air Force, Navy, Marines, Space Force, or Coast Guard that houses military equipment and personnel and supports training and operations.
In practical terms, the bill clarifies the scope of existing land-use restrictions by defining a key term used in the statute. That clarification can affect how state officials interpret and enforce Georgia’s limits on foreign ownership or control of land near sensitive sites, particularly areas associated with military facilities. The bill also includes a standard repeal of conflicting laws.
Impact
HB 358 updates Code Section 2-1-7 of the Official Code of Georgia Annotated by adding a definition that can be used in enforcing Georgia’s restrictions on foreign acquisition of possessory interests in land. The change primarily affects statutory interpretation and administration rather than creating a new prohibition, and it may influence land transactions, compliance reviews, and enforcement decisions involving property near military sites.
Sentiment
The bill appears to have received generally favorable support in both chambers, passing the House 120-50 and the Senate 35-20. Those vote margins suggest broad approval, though not unanimity, indicating that the measure was supported by a majority while still drawing meaningful opposition.
Contention
The main point of contention is likely the broader policy of restricting foreign persons and entities from acquiring interests in land, especially near sensitive or strategic locations such as military installations. Supporters likely viewed the definition as a needed clarification to strengthen enforcement and reduce ambiguity, while opponents may have been concerned about the scope of land-use restrictions, impacts on property rights, or the treatment of foreign investors and entities.
Agriculture; prohibit certain foreign persons and entities from acquiring a possessory interest in land located near critical infrastructure without prior approval by the Attorney General
An Act Prohibiting The Ownership, Possession Or Acquisition Of Interests In Real Property Upon Or Abutting Military Installations Or Agricultural Lands By Certain Foreign Entities.
Relating to the holding or acquisition of an interest in real property by or on behalf of certain foreign individuals or entities; establishing an agricultural intelligence office; creating a criminal offense.
Relating to the purchase or acquisition of an interest in real property by certain aliens or foreign entities; creating a criminal offense; providing a civil penalty.
Further prohibiting certain entities from acquiring an interest in agricultural land; providing for investigation by Attorney General and for responsibilities of purchaser and Attorney General; further providing for forfeiture of lands; providing for real estate auction; and further providing for definitions.
Property; prohibiting control of certain real property by certain foreign adversaries. providing for acquisition and subsequent sale of certain property upon certain judicial determination. Effective date.
Property; prohibiting control of certain real property by certain foreign adversaries. providing for acquisition and subsequent sale of certain property upon certain judicial determination. Effective date.
Further prohibiting certain entities from acquiring an interest in agricultural land; providing for investigation by Attorney General and for responsibilities of purchaser and Attorney General; further providing for forfeiture of lands; providing for real estate auction; and further providing for definitions.
Relates to prohibiting the acquisition or transfer of agricultural land by foreign adversaries after January 1, 2026; provides that such prohibition will not apply to any interest in agricultural land held by a foreign adversary prior to such date or any federally recognized Indian tribe or its government units and enterprises; defines terms.