A BILL for an Act to create and enact a new section to chapter 11-18 and a new section to chapter 54-09 of the North Dakota Century Code, relating to the certification of a foreign grantee's right to own property and the filing of foreign ownership information statements with the secretary of state; to amend and reenact sections 11-11-70, 40-05-26, 47-01-09, and 47-10.1-05 of the North Dakota Century Code, relating to the powers of a board of county commissioners, a board of city commissioners, and a city council regarding development by a foreign country of concern or foreign organization of concern, prohibiting ownership of real property by a foreign country of concern or a foreign organization of concern, and required filings for foreign persons investing in agricultural lands; to repeal section 47-10.1-05 of the North Dakota Century Code, relating to required filings for foreign persons investing in agricultural lands; to provide a penalty; and to provide a contingent effective date.
Impact
The bill will effectively amend sections of the North Dakota Century Code, establishing new prohibitions against foreign countries of concern and organizations from acquiring real property in the state. These regulations will necessitate filings with the Secretary of State to certify the compliance of foreign entities with ownership restrictions. Failure to comply with these regulations will expose the foreign entities to legal repercussions, including civil penalties and potential divestment of property, thereby enhancing the state's control over land and agricultural resources.
Summary
Senate Bill 2026 aims to amend existing laws in North Dakota to create stricter regulations pertaining to foreign ownership of property, particularly agricultural lands. The bill serves to establish a framework for monitoring foreign investments, requiring foreign entities to submit compliance statements confirming their eligibility to own property under state law. This law specifically targets organizations identified as foreign adversaries or organizations of concern, making it illegal for them to obtain ownership or legally bind agreements regarding property development unless they meet stringent criteria designed to safeguard the state's interests.
Contention
A notable point of contention within the legislation is the balance between national security interests and economic development. Proponents argue that the bill is essential to protect North Dakota’s agricultural resources and ensure that foreign adversaries do not gain significant control over land that could impact food security and state sovereignty. Conversely, opponents may point to potential overreach, emphasizing concerns that such stringent measures could deter beneficial foreign investments that could contribute to local economies and innovations.