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Bill > HB315


KY HB315

KY HB315
AN ACT relating to the acquisition of agricultural land.


summary

Introduced
02/05/2025
In Committee
03/14/2025
Crossed Over
03/04/2025
Passed
03/14/2025
Dead
Signed/Enacted/Adopted
03/25/2025

Introduced Session

Potential new amendment
2025 Regular Session

Bill Summary

Create a new section of KRS Chapter 247 to define terms; prohibit a nonresident alien, foreign business, foreign agent, trustee, or fiduciary associated with the government of any proscribed country referenced in 22 C.F.R. sec. 126.1 from the purchase, lease, or acquisition of agricultural land in Kentucky or participation in programs administered by the Department of Agriculture, Agricultural Development Board, and Kentucky Agricultural Finance Corporation; allow a nonresident alien, foreign business, foreign agent, trustee, or fiduciary to own, purchase, hold, or develop agricultural land for nonagricultural use provided that the development is completed within five years of acquiring the land; require that a copy of the report required under the provisions of the Agricultural Foreign Investment Disclosure Act be filed with the Department of Agriculture; require the Department of Agriculture to report evidence of noncompliance to the Office of the Attorney General; require the Office of the Attorney General to investigate the evidence; allow the Office of the Attorney General to enforce provisions; require that agricultural land found in violation be escheated to the state and be subject to judicial foreclosure; set requirements for disbursement of proceeds of the sale.

AI Summary

This bill addresses the acquisition of agricultural land in Kentucky by foreign entities, particularly those associated with countries referenced in a specific federal regulation. The legislation prohibits nonresident aliens, foreign businesses, foreign agents, trustees, or fiduciaries connected to certain proscribed countries from purchasing, leasing, or acquiring agricultural land in Kentucky or participating in agricultural programs. Entities with existing national security agreements may purchase up to 350 acres for agricultural research or experimental purposes. Foreign entities can own agricultural land for non-agricultural development, but must complete the development within five years and can only lease the land for farming during that period. The bill requires these foreign entities to file reports with the Department of Agriculture and maintains compliance through investigative and enforcement mechanisms. If a violation is found, the agricultural land can be escheated to the state through a judicial foreclosure process, with proceeds distributed in a specific order: first covering litigation costs, then paying delinquent taxes, satisfying mortgage and lien holders, and finally depositing remaining funds in the budget reserve trust fund. The bill aims to protect Kentucky's agricultural interests and prevent potentially problematic foreign land acquisitions while providing some flexibility for legitimate business and research purposes.

Committee Categories

Agriculture and Natural Resources

Sponsors (10)

Last Action

signed by Governor (Acts Ch. 84) (on 03/25/2025)

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