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
This bill would amend New York’s Real Property Law to create a new section prohibiting any “foreign adversary” from acquiring or transferring any interest in agricultural land in the state on or after January 1, 2026. The bill defines agricultural land broadly as land used for agricultural operations, and it defines “foreign adversary” by reference to a U.S. Secretary of Commerce determination involving conduct adverse to U.S. national security or the safety of U.S. persons. It also defines related terms such as agricultural operation, controlling interest, and interest in land.
The prohibition would not apply to interests in agricultural land already held by a foreign adversary before January 1, 2026, and it would not apply to federally recognized Indian tribes or their governmental units and enterprises. Any transfer made in violation of the section would be void. The bill also includes a treaty-savings clause, stating that it should not be applied inconsistently with any U.S. treaty with another country.
Impact
The bill would add a new state-law restriction on ownership and transfer of agricultural real estate, directly affecting foreign governments and foreign persons or entities designated as foreign adversaries. It would create a legal basis to invalidate prohibited transfers, while preserving existing pre-2026 holdings and tribal interests. In addition, it would require the Department of Agriculture and Markets to compile and publish annual reports on foreign ownership of agricultural land, related trends, foreign ownership of certain energy facilities, and possible policy recommendations, beginning July 1, 2026.
Sentiment
Based on the bill text and the absence of recorded committee discussion or votes, the overall sentiment appears to be precautionary and security-focused rather than contested in the available record. The measure is framed as a response to national security concerns and foreign control of strategic land assets, suggesting support from lawmakers concerned about land ownership by hostile foreign actors. No contrary testimony, amendments, or vote totals are available in the provided materials to indicate broader legislative division.
Contention
The main points of potential contention are the breadth of the term “foreign adversary,” the scope of the ban on both acquisition and transfer of agricultural land, and the use of a federal commerce determination to trigger state restrictions. Another possible issue is whether the bill could affect legitimate foreign investment or raise treaty or preemption concerns, although the bill attempts to address this by excluding treaty-inconsistent applications and grandfathering preexisting holdings. The explicit exemption for federally recognized Indian tribes also suggests sensitivity to sovereignty and tribal land interests.
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.
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.
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.
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)