SB 264

This bill generally prohibits a foreign adversary from acquiring agricultural or

forestry land in this state. In the bill, “foreign adversary” means a foreign

government or nongovernment person determined by the federal secretary of

commerce to have engaged in a long-term pattern or serious instances of conduct

significantly adverse to the national security of the United States or security and

safety of U.S. persons.

Current law generally prohibits a nonresident alien or a corporation that is not

created under federal law or the laws of any state (foreign person) from acquiring,

owning, or holding more than 640 acres of land in this state. However, that

prohibition does not apply to any of the following activities:

1. An exploration mining lease and land used for certain mining and associated

activities.

2. Certain manufacturing activities.

3. Certain mercantile activities.

4. A lease for exploration or production of oil, gas, coal, shale, and related

hydrocarbons, including by-products of the production, and land used in connection

with the exploration or production.

Those exceptions have been interpreted to be “extremely broad, embracing

almost every conceivable business activity [other than a]ctivities relating to

agriculture and forestry.” See Opinion of Wis. Att'y Gen., OAG 11-14, ¶5, available

at https://www.doj.state.wi.us. In other words, under current law, a foreign person

may acquire, own, and hold unlimited amounts of land for most nonagricultural and

nonforestry purposes, but a foreign person may not acquire, own, or hold more than

640 acres of land for agricultural or forestry purposes.

The bill retains the current law restriction on foreign person ownership of

agricultural and forestry land and adds a provision that prohibits a foreign

adversary from acquiring any land for agricultural or forestry purposes.