State Bars Foreign Adversaries from Owning Farmland

In a move reflecting growing national security concerns, Governor Brian Kemp has signed a bill into law barring agents of foreign adversaries from purchasing farmland or property near military installations within Georgia. Several other states have enacted similar measures, but there are still questions about the legality and enforceability of these statutes. 

Under the new legislation , agents representing countries designated as foreign adversaries by the U.S. Secretary of Commerce are banned from purchasing two specific types of property:

• Farmland Agricultural lands essential to food production and supply chains are protected under the new law. Concerns have been raised about foreign ownership of these critical assets potentially compromising national food security.
• Property near military installations The law prohibits purchases within a 10-mile radius of military facilities, aiming to prevent espionage or surveillance activities that could threaten national defense. Given the presence of Fort Moore and other installations within the state, this places a restriction on a great deal of property.  

Currently, the nations designated as adversaries are China, Cuba, Iran, North Korea, Russia and Venezuelas Maduro Regime. The restrictions do not apply to residential properties, allowing individuals from affected nations to continue purchasing homes for personal use. There are also ways that foreign agents might be able to have control over restricted parcels through corporations or other business entities . 

The law responds to a 2021 federal report revealing that foreign investors control roughly 40 million acres of U.S. agricultural landapproximately 3 percent of the total farm property. This growing trend has raised alarms, particularly when ownership ties are traced back to nations that might be hostile to American interests.

Supporters of the law emphasize its importance in protecting Georgias agricultural resources and safeguarding military operations from potential foreign threats. However, opponents argue that the legislation could stoke anti-foreign sentiment and harm international business relations. Critics also contend that banning foreign entities from property purchases might not address broader issues tied to global food supply chains and land use.

As Georgia enacts these new restrictions, questions remain about enforcement and potential economic implications. Property owners and investors should consult legal experts to ensure compliance with the new regulations and avoid unintended consequences in future transactions.

Dyer Rusbridge Argo, P.C. in Canton handles a wide range of business law and real estate issues for Georgia clients. For a consultation regarding the application of the statute addressing foreign adversary property ownership or another legal concern, please call 770-450-5733 or contact us online .