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Back to HB 1453
Oklahoma Legislature· HB 1453Authored by Senator Bullard (principal Senate author)

An act relating to foreign ownership of property, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1                   STATE OF OKLAHOMA

2   1st Session of the 60th Legislature (2025)

3 HOUSE BILL 1453   By: Shaw

4

5

6

7                   AS INTRODUCED

8   An Act relating to foreign ownership of property;

    defining terms; prohibiting real property ownership

9   by certain parties; providing certain exemptions;

    requiring divestment of violating property; requiring

10  Attorney General to bring suit for violating;

    providing for judicial foreclosure of property;

11  providing certain documents to be recorded in the

    county records office; providing for felony

12  punishment and fines; providing affirmative defense

    to prosecution; providing when title to real property

13  is not invalid or subject to divestiture; prohibiting

    agricultural land ownership by certain parties;

14  providing certain exemptions; requiring divestment of

    violating property; requiring the Office of

15  Agricultural Intelligence upon discovery of a

    violation to report such violation to the Attorney

16  General; providing that the Attorney General may

    issue certain subpoenas; providing that the Attorney

17  General upon a certain determination shall commence

    legal actions; providing for judicial foreclosure of

18  property; providing certain documents to be recorded

    in the county records office; providing when title to

19  agricultural land is not invalid or subject to

    divestiture; providing for felony punishment and

20  fines; providing affirmative defense to prosecution;

    requiring inclusion of certain affidavit with

21  recording of a deed; directing Attorney General to

    promulgate certain affidavit forms; creating within

22  the Oklahoma Department of Agriculture, Food, and

    Forestry the Office of Agricultural Intelligence;

23  providing authorized duties; providing the office

    shall operate under the direction of the Secretary of

24  the Oklahoma Department of Agriculture, Food, and

    Req. No. 11011                                         Page 1
1   Forestry; providing for codification; and providing

    an effective date.

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4 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

5   SECTION 1.      NEW LAW  A new section of law to be codified

6 in the Oklahoma Statutes as Section 128 of Title 60, unless there is

7 created a duplication in numbering, reads as follows:

8   As used in this act:

9   1. "Agricultural land" means any land which is outside the

10 corporate limits of a municipality and is:

11  a. used for forestry production, including without

12              limitation, land exceeding ten (10) acres in which ten

13              percent (10%) of the land is stocked by trees of any

14              size, including land that formerly had trees of any

15              size covering the land that will be naturally or

16              artificially regenerated, or

17  b. currently used for, or, if currently idle, land last

18              used within the past five (5) years, for farming,

19              ranching, or timber production, except land not

20              exceeding ten (10) acres in the aggregate, if the

21              annual gross receipts from the sale of the farm,

22              ranch, or timber products produced on the land do not

23              exceed One Thousand Dollars ($1,000.00).

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    Req. No. 11011                                                 Page 2
1   This does not include oil, gas, and all other minerals,

2 including coal, lignite, brine, and all minerals known and

3 recognized as commercial minerals underlying the land;

4   2. "Controlling interest" means an ownership interest of fifty

5 percent (50%) or more, in the aggregate;

6   3. "Foreign government" means any government other than the

7 federal government or any government of a state or a political

8 subdivision of a state;

9   4. "Interest in agricultural land" means all direct interest

10 acquired, transferred, or held in agricultural land, including

11 without limitation, a lease of agricultural land:

12  a. for a term of one (1) year or longer, or

13  b. renewable by option for terms which, if the options

14  were all exercised, would total one (1) year;

15  5. "Party" means any individual, corporation, company,

16 association, firm, partnership, society, joint-stock company, trust,

17 estate, or any other legal entity;

18  6. "Prohibited foreign party" means:

19  a. a citizen or resident of a country subject to

20  International Traffic in Arms Regulations, 22 C.F.R.,

21  Section 126.1,

22  b. a foreign government formed within a country subject

23  to International Traffic in Arms Regulations, 22

24  C.F.R., Section 126.1,

    Req. No. 11011                                                 Page 3
1   c. a party other than an individual or a government, that

2   is created or organized under the laws of a foreign

3   government within a country subject to International

4   Traffic in Arms Regulations, 22 C.F.R., Section 126.1,

5   d. any party other than an individual or government:

6   (1) that is created or organized under the laws of

7                   any state, and

8   (2) in which a significant interest or substantial

9                   control is directly or indirectly held or is

10                  capable of being exercised by:

11                  (a) an individual referred to in subparagraph a

12                  of this paragraph,

13                  (b) a foreign government referred to in

14                  subparagraph b of this paragraph,

15                  (c) a party referred to in subparagraph c of

16                  this paragraph, or

17                  (d) a combination of the individuals, parties,

18                  or governments referred to in this division,

19  e. an Entity of Particular Concern designated by the

20  United States Department of State, or

21  f. an agent, trustee, or other fiduciary of a person or

22  entity enumerated in subparagraphs a through e of this

23  paragraph;

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    Req. No. 11011                                                Page 4
1   7. "Prohibited foreign-party-controlled business" means a

2 corporation, company, association, firm, partnership, society,

3 joint-stock company, trust, estate, or other legal entity whose

4 controlling interest is owned by a prohibited foreign party;

5   8. "Real property" means all land or property that is not

6 agricultural land;

7   9. "Residence" means a person's principal dwelling place where

8 the person intends to remain permanently for an indefinite period of

9 time;

10  10. "Resident alien" means a person who:

11       a. is not a citizen of the United States, and

12       b. is a lawful permanent resident of a:

13       (1) state of the United States,

14       (2) territory of the United States,

15       (3) trusteeship of the United States, or

16       (4) protectorate of the United States;

17  11. "Significant interest" or "substantial control" means:

18       a. an interest of thirty-three percent (33%) or more held

19       by:

20       (1) a party referred to in subparagraph d of

21                    paragraph 6 of this section,

22       (2) an individual referred to in subparagraph a of

23                    paragraph 6 of this section,

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    Req. No. 11011                                                 Page 5
1               (3) a party referred to in subparagraph c of

2                   paragraph 6 of this section, or

3               (4) a single government referred to in subparagraph b

4                   of paragraph 6 of this section;

5          b. an interest of thirty-three percent (33%) or more held

6               whenever the parties, individuals, or governments

7               referred to in paragraph 6 of this section are acting

8               in concert with respect to the interest even though no

9               single individual, party, or government holds an

10              interest of thirty-three percent (33%) or more, or

11         c. an interest of fifty percent (50%) or more, in the

12              aggregate, held by parties, individuals, or

13              governments referred to in paragraph 6 of this section

14              even though the individuals, parties, or foreign

15              governments may not be acting in concert.

16  SECTION 2.      NEW LAW  A new section of law to be codified

17 in the Oklahoma Statutes as Section 128.1 of Title 60, unless there

18 is created a duplication in numbering, reads as follows:

19  A. 1. A prohibited foreign party or a prohibited foreign-

20 party-controlled business shall not acquire by grant, purchase,

21 devise, descent, or otherwise any interest in real property in this

22 state.

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    Req. No. 11011                                                  Page 6
1   2. A party may not hold real property as an agent, trustee, or

2 other fiduciary for a prohibited foreign party or prohibited

3 foreign-party-controlled business in violation of this section.

4   B. A prohibited foreign party or a prohibited foreign-party-

5 controlled business entity in violation of this section shall have

6 one (1) year to divest of the real property.

7   C. If a prohibited foreign party or a prohibited foreign-party-

8 controlled business entity does not divest the real property as

9 required by subsection B of this section, the Attorney General shall

10 commence an action in the district court within the jurisdiction of

11 the real property.

12  1. If the ownership of the real property is determined by the

13 district court to be in violation of this section, the court shall

14 order that the real property be sold through judicial foreclosure.

15  2. Proceeds of the sale shall be disbursed to lienholders, in

16 the order of priority, except for liens which, under the terms of

17 the sale, are to remain on the real property.

18  3. The Attorney General shall promptly record a copy of the

19 following in the county clerk's office of the county where the real

20 property is located:

21  a. upon commencement, notice of the pendency of an action

22  brought under this subsection, and

23  b. the order for the sale of the real property under

24  paragraph 1 of this subsection.

    Req. No. 11011                                                 Page 7
1   D. A prohibited foreign party or a prohibited foreign-party-

2 controlled business entity shall, upon conviction, be guilty of a

3 felony punishable by not more than two (2) years' imprisonment or a

4 fine of Thirty Thousand Dollars ($30,000.00), or both.

5   E. It is an affirmative defense to prosecution under this

6 section that a prohibited foreign party or prohibited foreign-party-

7 controlled business entity is a resident alien of the State of

8 Oklahoma.

9   F. Title to real property is not invalid or subject to

10 divestiture due to a violation of this section by:

11  1. Any former owner; or

12  2. Another person holding or owning a former interest in the

13 real property.

14  G. Individuals not subject to this section shall be required to

15 determine or inquire into whether another person is or may be

16 subject to this section.

17  SECTION 3.      NEW LAW  A new section of law to be codified

18 in the Oklahoma Statutes as Section 128.2 of Title 60, unless there

19 is created a duplication in numbering, reads as follows:

20  A. 1. Except as provided in Section 4 of this act, a

21 prohibited foreign party or a prohibited foreign-party-controlled

22 business entity shall not acquire by grant, purchase, devise,

23 descent, or otherwise any interest in agricultural land in this

24 state regardless of whether the prohibited foreign party or a

    Req. No. 11011                                                  Page 8
1 prohibited foreign-party-controlled business entity intends to use

2 the agricultural land for nonfarming purposes.

3   2. A party may not hold agricultural land as an agent, trustee,

4 or other fiduciary for a prohibited foreign party in violation of

5 this act.

6   B. A prohibited foreign party or a prohibited foreign-party-

7 controlled business entity that acquires agricultural land in

8 violation of this section remains in violation as long as the

9 prohibited foreign party or a prohibited foreign-party-controlled

10 business entity holds an interest in the agricultural land.

11  SECTION 4.      NEW LAW  A new section of law to be codified

12 in the Oklahoma Statutes as Section 128.3 of Title 60, unless there

13 is created a duplication in numbering, reads as follows:

14  A. A prohibited foreign party or a prohibited foreign-party-

15 controlled business entity, who is a resident alien of the United

16 States, shall have the right to acquire and hold agricultural land

17 in the state upon the same terms as a citizen of the United States

18 during the continuance of his or her residence in the State of

19 Oklahoma.

20  B. 1. If a prohibited foreign party or a prohibited foreign-

21 party-controlled business entity is no longer a resident alien under

22 subsection A of this section, he or she shall have one (1) year to

23 divest of the agricultural land.

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    Req. No. 11011                                                 Page 9
1   2. If the prohibited foreign party or a prohibited foreign-

2 party-controlled business entity does not divest of the agricultural

3 land as required by paragraph 1 of this subsection, the Attorney

4 General shall commence an action in district court within the

5 jurisdiction of the agricultural land.

6   3. If the ownership of the agricultural land is held in

7 violation of this section, the district court shall order that the

8 agricultural land be sold through judicial foreclosure.

9   C. 1. When the Office of Agricultural Intelligence determines

10 a prohibited foreign party or a prohibited foreign-party-controlled

11 business entity has acquired agricultural land in Oklahoma in

12 violation of this act, the Office shall report the violation to the

13 Attorney General.

14  2. Upon receiving notice under paragraph 1 of this subsection

15 or upon receipt of information that leads the Attorney General to

16 believe that a violation of this act may exist, the Attorney General

17 may issue subpoenas requiring the:

18  a. appearance of witnesses,

19  b. production of relevant records, and

20  c. giving of relevant testimony.

21  3. If, as a result of the investigation under paragraph 2 of

22 this subsection, the Attorney General concludes that a violation of

23 this act has occurred, the Attorney General shall commence an action

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    Req. No. 11011                                                Page 10
1 in the district court within the jurisdiction of the agricultural

2 land.

3   4. If the ownership of the agricultural land is held in

4 violation of this act, the district court shall order that the

5 agricultural land be sold through judicial foreclosure.

6   D. 1. The proceeds of the sale of agricultural land by

7 judicial foreclosure authorized under this section shall be

8 disbursed to lienholders, in the order of priority, except for liens

9 which under the terms of the sale are to remain on the agricultural

10 land.

11  2. The Attorney General shall promptly record a copy of the

12 following in the county clerk's office where the agricultural land

13 is located:

14        a. upon commencement, notice of the pendency of an action

15              brought under paragraph 2 of subsection B and under

16              paragraph 3 of subsection C of this section, and

17        b. the order for the sale of the agricultural land under

18              paragraph 3 of subsection B and under paragraph 4 of

19              subsection C of this section.

20  E. Title to agricultural land is not invalid or subject to

21 divestiture due to a violation of this act by:

22  1. Any former owner; or

23  2. Another person holding or owning a former interest in the

24 agricultural land.

    Req. No. 11011                                                Page 11
1   F. No person not subject to this act shall be required to

2 determine or inquire into whether another person is or may be

3 subject to this act.

4   SECTION 5.      NEW LAW  A new section of law to be codified

5 in the Oklahoma Statutes as Section 128.4 of Title 60, unless there

6 is created a duplication in numbering, reads as follows:

7   A. A prohibited foreign party or prohibited foreign-party-

8 controlled business entity owning agricultural land subsequent to

9 the passage of this act and not listed under one of the exceptions

10 set out in subsections A and B of Section 4 of this act shall, upon

11 conviction, be guilty of a felony punishable by imprisonment for not

12 more than two (2) years, or a fine of Thirty Thousand Dollars

13 ($30,000.00), or by both such imprisonment and fine.

14  B. It is an affirmative defense to prosecution under this

15 section that a prohibited foreign party or prohibited foreign-party-

16 controlled business entity is a resident alien of the State of

17 Oklahoma.

18  SECTION 6.      NEW LAW  A new section of law to be codified

19 in the Oklahoma Statutes as Section 128.5 of Title 60, unless there

20 is created a duplication in numbering, reads as follows:

21  On or after the effective date of this act, any deed recorded

22 with a county clerk shall include, as an exhibit to the deed, an

23 affidavit executed by the person or entity coming into title

24 attesting that the person, business entity, or trust is obtaining

    Req. No. 11011                                                 Page 12
1 the land in compliance with the requirements of Sections 2, 3, 4,

2 and 5 of this act and that no funding source is being used in the

3 sale or transfer in violation of Sections 2, 3, 4, and 5 of this act

4 or any other state or federal law. A county clerk shall not accept

5 and record any deed without an affidavit as required by this

6 section. The Attorney General shall promulgate a separate affidavit

7 form for individuals and for business entities or trusts to comply

8 with the requirements of this section, with the exception of those

9 deeds which the Attorney General deems necessary when promulgating

10 the affidavit form.

11  SECTION 7.      NEW LAW  A new section of law to be codified

12 in the Oklahoma Statutes as Section 4101 of Title 2, unless there is

13 created a duplication in numbering, reads as follows:

14  A. There is created within the Oklahoma Department of

15 Agriculture, Food, and Forestry the Office of Agricultural

16 Intelligence.

17  B. The Office of Agricultural Intelligence is authorized and

18 directed to:

19  1. Collect and analyze information concerning the unlawful sale

20 or possession of agricultural land by prohibited foreign parties or

21 prohibited foreign-party-controlled business entity; and

22  2. Administer and enforce the provisions of this act, including

23 without limitation, the reporting of a violation of this subchapter

24 to the Oklahoma Attorney General under Section 4 of this act.

    Req. No. 11011                                                Page 13
1   C. The Office of Agricultural Intelligence shall operate under

2 the direction of the Secretary of the Oklahoma Department of

3 Agriculture, Food, and Forestry.

4   SECTION 8.      REPEALER  60 O.S. 2021, Sections 121, as

5 amended by Section 1, Chapter 327, O.S.L. 2023, 122, 123, 124, 125,

6 126, and 127 (60 O.S. Supp. 2024, Section 121), are hereby repealed.

7   SECTION 9. This act shall become effective November 1, 2025.

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9   60-1-11011      MAH  01/14/25

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    Req. No. 11011                                              Page 14
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