New York 2025-2026 Regular Session

New York Assembly Bill A03440

Introduced
1/27/25  
Refer
1/27/25  

Caption

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.

Summary

Bill A03440 seeks to amend the real property law in New York by prohibiting foreign adversaries from acquiring or transferring agricultural land within the state starting January 1, 2026. The bill defines 'foreign adversaries' as entities determined by the U.S. Secretary of Commerce to pose a threat to national security. It outlines specific terms related to agricultural land and operations, and establishes that any transfer of agricultural land interests in violation of this prohibition will be void. The bill also mandates the Department of Agriculture and Markets to compile and publish annual reports on foreign ownership of agricultural land in New York.

Impact

If enacted, this bill will significantly alter the landscape of agricultural land ownership in New York by preventing foreign adversaries from acquiring or transferring interests in such properties. This could lead to a reduction in foreign investment in the agricultural sector and may influence local economies that rely on agricultural operations. Additionally, the requirement for annual reporting will enhance transparency regarding foreign ownership trends and their implications for state agriculture and food security.

Sentiment

The sentiment surrounding Bill A03440 appears to be cautious but supportive among legislators concerned about national security and local agricultural integrity. However, there may be concerns from stakeholders regarding the potential impacts on foreign investments and the agricultural economy. The lack of voting history and committee discussions makes it difficult to gauge the full extent of sentiment, but the bill's introduction suggests a proactive approach to addressing perceived threats.

Contention

Notable points of contention may arise from the definitions of 'foreign adversary' and the implications for foreign investments in agriculture. Some lawmakers may argue that the bill could deter beneficial foreign investments that contribute to the state's economy, while others may emphasize the necessity of protecting local agricultural interests and national security. The exemption for federally recognized Indian tribes may also prompt discussions regarding fairness and the treatment of indigenous lands.

Companion Bills

NY S09665

Same As 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.

Previously Filed As

NY S09665

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.

NY SB464

Interest in agricultural land; amends definition of foreign adversaries.

NY SB2574

Prohibition of Agricultural Land for Foreign Adversaries Act

NY AB30

Prohibiting a foreign adversary from acquiring agricultural or forestry land in this state.

NY SB7

Prohibiting a foreign adversary from acquiring agricultural or forestry land in this state.

NY HB06735

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.

NY HB3431

Foreign government adversaries; alien and foreign government adversary ownership; foreign government adversary; mineral ownership; effective date.

NY HB1099

Foreign adversaries.

NY SB200

Allows for expropriation of land near military bases that is owned by foreign adversaries or agents of foreign adversaries when the ownership poses a threat to public health and safety. (gov sig) (EN SEE FISC NOTE GF EX)

NY SB0256

Foreign agent registration, foreign terrorist organizations, and foreign adversaries.

Similar Bills

HI SB2887

Relating To Agriculture.

HI HB2017

Relating To Agriculture.

HI HB966

Relating To Agricultural Tourism.

HI HB966

Relating To Agricultural Tourism.

HI HB498

Relating To Agricultural Crimes.

HI HB498

Relating To Agricultural Crimes.

NJ S1702

Bans foreign ownership of agricultural or horticultural land and agricultural woodlands in State.

NJ A169

Bans foreign ownership of agricultural or horticultural land and agricultural woodlands in State.