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Hostile Foreign Ownership of Ag Land: A Key Issue for Texas Legislature

Hostile foreign ownership of agricultural land is emerging as a significant issue for the 89th Texas Legislative Session. Nationwide, 25 states have already enacted laws restricting foreign ownership of land, with Texas now considering its own measures. The primary concerns revolve around land acquisitions by individuals or entities linked to China, Iran, North Korea, and Russia, particularly near U.S. military bases.

According to the American Farm Bureau Federation, foreign investors from Canada, the Netherlands, Sweden, and Germany collectively own approximately 50% of Texas agricultural land held by non-U.S. entities. While much of the focus has been on countries considered hostile to the U.S., this broader context underscores the complexity of foreign land ownership in Texas

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During the 2023 Texas Legislative Session, the Texas Senate passed Senate Bill 147 (SB 147), authored by State Senator Lois Kolkhorst (R-Brenham). The bill sought to prohibit property acquisition by governmental entities from China, Iran, North Korea, and Russia. It specifically targeted agricultural land, timberland, and property near military bases to mitigate potential security risks. SB 147 included definitions, exceptions for diplomatic and consular properties, and provisions allowing current landowners from these countries to retain their property while restricting future acquisitions.

In presenting SB 147, Senator Kolkhorst cited examples such as the purchase of 130,000 acres near Laughlin Air Force Base in Del Rio by a former member of the Chinese People’s Liberation Army. She emphasized concerns about national security and pointed out the double standard in which Americans cannot purchase land near Chinese military bases. Kolkhorst argued that similar restrictions should apply in Texas.

As the 89th Legislative Session unfolds, several bills addressing foreign land ownership have been introduced. While some focus specifically on agricultural land, others take a broader approach to foreign ownership of Texas property. Most proposals center on limiting acquisitions by companies tied to the governments of China, Iran, North Korea, or Russia, or entities with significant ownership from these nations.

Current Legislative Proposals:

  • SB 103 by Senator Bob Hall (R-Edgewood)
  • SB 307 by Senator Lois Kolkhorst (R-Brenham)
  • HB 191 and HB 1566 by Representatives David Spiller (R-Jacksboro) and Jared Patterson (R-Frisco), respectively (identical bills)
  • HB 518 by Representative Terri Leo-Wilson (R-Galveston), a broader bill banning all nonresident or foreign acquisition of agricultural land
  • HB 1743 by Representative Mitch Little (R-Carrollton), targeting countries under U.S. arms embargoes, including Afghanistan, the Central African Republic, Cyprus, the Democratic Republic of Congo, Eritrea, Ethiopia, Haiti, Iraq, Lebanon, Libya, Nicaragua, Russia, Somalia, South Sudan, Sudan, and Zimbabwe

This issue reflects a growing concern among lawmakers and Texans about the strategic and security implications of foreign ownership of land in the state.

For questions or concerns, please get in touch with Curtis Smith at Curtis@tnlaonline.org.