HB 1372: 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

House Bill 1372

By: Representatives Ridley of the 22nd, Ridley of the 6th, Horner of the 3rd, Thomas of the 21st, Tarvin of the 2nd, and others

A BILL TO BE ENTITLED

AN ACT

To amend Code Section 2-1-7 of the Official Code of Georgia Annotated, relating to prohibiting the acquisition of possessory interest in certain land by certain foreign persons and entities, so as to prohibit certain foreign persons and entities from acquiring a possessory interest in land located near critical infrastructure without prior approval by the Attorney General; to provide for the scope of the possessory interest; to provide for penalties; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 2-1-7 of the Official Code of Georgia Annotated, relating to prohibiting the acquisition of possessory interest in certain land by certain foreign persons and entities, is amended by revising subsections (a) and (b) as follows:

"(a) As used in this Code section, the term:

(1) 'Agent of a foreign government' means:

(A) Any person who acts as an agent, representative, employee, or servant, or any person who acts in any other capacity at the order, request, or under the direction or control, of a foreign government or of a person any of whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by a foreign government, and who directly or through any other person:

(i) Engages within the United States in political activities for or in the interests of such foreign government;

(ii) Acts within the United States as a public relations counsel, publicity agent, information service employee, or political consultant for or in the interests of such foreign government;

(iii) Within the United States solicits, collects, disburses, or dispenses contributions, loans, money, or other things of value for or in the interests of such foreign government; or

(iv) Within the United States represents the interests of such foreign government before any agency or official of the government of the United States; and

(B) Any person who agrees, consents, assumes, or purports to act as, or who is or holds himself or herself out to be, whether or not pursuant to a contractual relationship, a person described in subparagraph (A) of this paragraph.

(2) 'Agricultural land' means any land capable of use in the production of agricultural crops, timber, livestock or livestock products, poultry or poultry products, milk or dairy products, or fruit or other horticultural products, but does not include any land zoned by a local governmental unit for a use other than and nonconforming with agricultural use.

(3) 'Critical infrastructure' means systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on national security, including economic security, and national public health and safety, or any combination thereof, as set forth in Section 5195c(e) of Title 42 of the United States Code. Such term shall include, but is not limited to, the following:

(A) Energy systems, including electric power generation, transmission, and distribution;

(B) Water and wastewater systems:

(C) Transportation systems;

(D) Communication systems;

(E) Chemical facilities; and

(F) Any facility owned or operated by an electric membership corporation as such term is defined in Code Section 46-3-171.

(2.1)(4) 'Military installation' means a facility owned and operated by the United States Army, Air Force, Navy, Marines, Space Force, or Coast Guard that shelters military equipment and personnel and facilitates training and operations for such organizations. (3)(5) 'Nonresident alien' means:

(A)(i) Any natural person described in subsection (a) of Code Section 1-2-11 who is not a United States citizen or legal resident, is an agent of a foreign government designated as a foreign adversary by the United States Secretary of Commerce pursuant to 15 C.F.R. Section 7.4, and:

(I) Has been physically absent from the United States for more than six months out of the most recent 12 months preceding the acquisition of a possessory interest described in this Code section; or

(II) Has been physically absent from Georgia for more than two months out of the most recent 12 months preceding the acquisition of a possessory interest described in this Code section.

(ii) The provisions of this subparagraph shall not be in conflict with the federal Fair Housing Act.

(B) A corporation, partnership, limited partnership, trustee, or other business entity that is:

(i) Domiciled in a country whose government is designated as a foreign adversary by the United States Secretary of Commerce pursuant to 15 C.F.R. Section 7.4; or

(ii) Domiciled within the United States, but the ownership of at least 25 percent of which is composed of any corporation, partnership, limited partnership, trustee, or other business entity that is domiciled in a country whose government is designated as a foreign adversary by the United States Secretary of Commerce pursuant to 15 C.F.R. Section 7.4;

provided, however, that this subparagraph shall not include a corporation, partnership, limited partnership, trustee, or other business entity leasing land from its owner and using such land for agricultural research and development or experimental purposes, including testing, developing, or producing crop production inputs, including, but not limited to, seeds, plants, pesticides, soil amendments, biologicals, and fertilizers, for sale or resale to farmers; or

(C) A foreign government designated as a foreign adversary by the United States Secretary of Commerce pursuant to 15 C.F.R. Section 7.4.

(4) 'Residential property' means real estate intended to be used as the purchaser's dwelling, as such term is defined in Code Section 8-3-201. (b)(1) Except as provided by paragraph (3) of this subsection and subsections (c) and (d) of this Code section, no nonresident alien shall acquire directly or indirectly any possessory interest in agricultural land or, land within a ten-mile radius of any military base, military installation, or military airport, or land within a five-mile radius of any critical infrastructure facility.

(2) This subsection shall not apply to residential property For purposes of this subsection, possessory interest includes any lease, rental agreement, or other right to occupy or use land for a term exceeding one year.

(3) Any proposed acquisition or lease by a nonresident alien of land described in paragraph (1) of this subsection shall require prior approval by the Attorney General. The applicant must submit to the Attorney General a detailed disclosure of the ownership structure of such acquisition or lease, including any indirect ownership by entities domiciled in or controlled by a foreign adversary as designated by the United States Secretary of Commerce pursuant to 15 C.F.R. Section 7.4. The Attorney General is authorized to deny approval if the transaction poses a risk to state or national security, and such decision shall be final and not subject to judicial review except for abuse of discretion.

(4) Any violation of this subsection shall result in civil penalties of up to $100,000.00 per violation and forfeiture of the possessory interest; provided, however, that an intentional violation of this subsection shall also be subject to the penalties set forth in subsection (g) of this Code section."

SECTION 2.

This Act shall apply to all acquisitions occurring and leases entered into on or after July 1, 2026, including any pending transactions that are not finalized before July 1, 2026.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.