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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 916 By: Bergstrom
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5 AS INTRODUCED
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6 An Act relating to property; defining terms;
6 prohibiting control of real property by certain
7 persons or entities in this state; providing
7 exceptions; providing for waiver of certain
8 requirements under certain circumstances; requiring
8 divestment of certain interests by certain persons or
9 entities; providing for acquisition of real property
9 under certain circumstances of devise or descent;
10 requiring registration of certain property by certain
10 date; establishing registration process; providing
11 penalty; requiring submission of affidavit;
11 specifying terms for failure to obtain affidavit;
12 directing rule promulgation; requiring forfeiture of
12 certain real property following certain violation;
13 providing for initiation of civil action in certain
13 district court; providing for certain petitions;
14 providing for sale of certain property or interests
14 subject to certain requirements; directing proceeds
15 of certain sale; providing for seizure of real
15 property under certain circumstances; providing for
16 codification; and providing an effective date.
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17
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18 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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19 SECTION 1. NEW LAW A new section of law to be codified
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20 in the Oklahoma Statutes as Section 128 of Title 60, unless there is
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21 created a duplication in numbering, reads as follows:
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22 As used in this section:
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23 1. "AFIDA" means the Agricultral Foreign Investment Disclosure
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24 Act of 1978, 42 U.S.C., Part 3501 et seq;
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1 2. "Agricultural land" means real property in this state used
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2 or zoned in a manner that would permit the use of the property for
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3 an agricultural operation;
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4 3. "Agricultural operation" means any operation devoted to the
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5 bona fide production of crops, animals, or fowl, including the
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6 production of:
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7 a. fruits and vegetables of any kind,
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8 b. meat, dairy, and poultry products,
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9 c. nuts, tobacco, nursery, and floral products, and
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10 d. products from silvicultural activity;
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11 4. "Foreign adversary nation" means any foreign nation which
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12 has been designated as a foreign adversary by the United States
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13 Secretary of Commerce on the basis that its government has engaged
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14 in a long-term pattern or serious instances of conduct significantly
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15 adverse to the national security of the United States or security
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16 and safety of the United States, as set forth in 15 C.F.R., Part 7.4
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17 or such successor regulation, declaration, or statute;
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18 5. "Military installation" means any facility owned or operated
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19 by the United States Armed Forces that shelters military equipment
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20 and personnel and facilitates training and operations for such
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21 organizations as well as any outpost, facility, armory, or like
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22 facility of the Oklahoma National Guard;
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23 6. "Nonresident alien" means an individual who is not:
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24 a. a citizen of the United States of America, or
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1 b. a person lawfully admitted into the United States for
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2 permanent residence pursuant to the federal
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3 Immigration and Nationality Act. A person shall be
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4 deemed lawfully admitted for permanent residence
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5 regardless of whether the individual's lawful
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6 permanent resident status is conditional; and
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7 7. "Residential property" means property intended to be used as
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8 a dwelling, as such term is defined in the federal Fair Housing Act.
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9 SECTION 2. NEW LAW A new section of law to be codified
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10 in the Oklahoma Statutes as Section 129 of Title 60, unless there is
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11 created a duplication in numbering, reads as follows:
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12 A. The following persons or entities shall not directly or
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13 indirectly own, have a controlling interest in, acquire by purchase,
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14 grant, devise, or descent any interest, or hold by lease, contract,
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15 or usufruct, except a de minimus indirect interest, in agricultural
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16 land in this state or in any real property in this state within five
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17 (5) miles of a military installation:
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18 1. A foreign adversary nation;
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19 2. Any government official or agent of a foreign adversary
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20 nation;
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21 3. A partnership, an association, a corporation, an
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22 organization, or any other combination of persons organized under
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23 the laws of this state or having its principal place of business in
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24 a foreign adversary nation, or a subsidiary of such entity;
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1 4. Any person who is domiciled in a foreign adversary nation
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2 and who is determined to be a nonresident alien; and
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3 5. Any person, entity, or collection of persons or entities
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4 described in paragraphs 1 through 4 of this subsection having a
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5 controlling interest in a partnership, association, corporation,
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6 organization, trust, or any other legal entity or subsidiary formed
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7 for the purpose of owning real property in this state.
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8 B. 1. Any person or entity in violation of the provisions of
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9 subsection A of this section shall, within two (2) years following
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10 the effective date of this act, fully divest from any holding or
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11 interest in such property.
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12 2. Notwithstanding the prohibitions of subsection A of this
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13 section, a person or entity may acquire real property in this state
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14 on or after the effective date of this act, by devise or descent,
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15 through the enforcement of security interests, or through the
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16 collection of debts, provided that the person or entity sells,
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17 transfers, or otherwise divests itself of such real property within
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18 two (2) years after acquiring such interest in the real property.
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19 C. A person or entity is deemed to have a de minimus indirect
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20 interest if any ownership is the result of the person's or entity's
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21 ownership of registered equities in a publicly traded company owning
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22 the land and if the person's or entity's ownership interest in the
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23 company is either:
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1 1. Less than five percent (5%) of any class of registered
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2 equities or less than five percent (5%) in the aggregate in multiple
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3 classes of registered equities; or
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4 2. A noncontrolling interest in an entity controlled by a
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5 company that is both registered with the United States Securities
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6 and Exchange Commission as an investment adviser under the
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7 Investment Advisors Act of 1940, as amended, and is not a foreign
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8 entity.
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9 D. Nothing in Subsection A of this section shall prohibit the
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10 lease, purchase, or other acquisition of an interest in residential
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11 property by a natural person.
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12 E. Nothing in this section shall prohibit a corporation,
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13 partnership, limited partnership, trustee, or other business entity
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14 leasing land from its owner and using such land for agricultural
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15 research and development or experimental purposes, including
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16 testing, developing, or producing crop production inputs, including,
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17 but not limited to, seeds, plants, pesticides, soil amendments,
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18 biologicals, and fertilizers, for sale or resale to farmers.
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19 F. Nothing in this section shall prohibit the free purchase,
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20 sale, lease, or possession of real property in this state for
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21 diplomatic purposes covered by the Vienna Convention on Diplomatic
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22 Relations or by any individual who is:
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23 1. A citizen of the United States;
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24 2. A legal permanent resident of the United States;
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1 3. An individual who has been granted asylum or other protected
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2 status by the United States government; or
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3 4. The spouse of a person listed in paragraphs 1 through 3 of
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4 this subsection.
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5 G. In consultation with the Oklahoma Department of Commerce,
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6 the Governor may waive any purchase, acquisition, or holding of real
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7 estate that might otherwise constitute a violation of this section
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8 upon a finding by the Governor that the positive short-term and
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9 long-term benefits of the purchase, acquisition, or holding to the
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10 economy and people of this state outweighs the threat imposed by the
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11 purchase, acquisition, or holding.
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12 SECTION 3. NEW LAW A new section of law to be codified
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13 in the Oklahoma Statutes as Section 130 of Title 60, unless there is
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14 created a duplication in numbering, reads as follows:
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15 A. A person or entity subject to the prohibitions in subsection
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16 A of Section 2 of this act who owns, holds, leases, or controls a
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17 prohibited interest in real property in this state as of the
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18 effective date of this act shall register such property interest
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19 with the Office of the Attorney General. The Office shall establish
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20 a form for such registration which, at a minimum, shall include:
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21 1. The name of the owner of the real property, as well as the
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22 name or names of all entities having any lease, usufruct,
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23 contractual, or other possessory interest authorizing use or
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24 occupation of the property; and
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1 2. The address of the real property, the property appraiser's
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2 parcel identification number, and the property's legal description.
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3 B. 1. The Office shall establish deadlines for registration
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4 under subsection A of this section, with such deadlines being not
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5 later than ninety (90) days after the effective date of this act.
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6 2. A person or entity that fails to timely file a registration
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7 with the Office shall be subject to a civil penalty of One Thousand
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8 Dollars ($1,000.00) for each day that the registration is late.
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9 Such penalty may be enforced by the district attorney of the county
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10 in which the property is located or by the Attorney General.
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11 C. 1. At the time of purchase or of acquisition by means of
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12 contract, lease, or other instrument, an entity or person acquiring
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13 an interest in real property in this state shall provide an
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14 affidavit signed under penalty of perjury attesting that the
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15 acquisition is not prohibited by Section 2 of this act. A person or
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16 entity required to make a report to the United States Department of
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17 Agriculture under the AFIDA shall also file a copy of such report
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18 with the Office of the Attorney General.
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19 2. The failure to obtain or maintain the affidavit shall not:
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20 a. affect the title or insurability of the title for the
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21 real property, or
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22 b. subject the closing agent to civil or criminal
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23 liability, unless the closing agent has actual
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1 knowledge that the transaction will result in a
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2 violation of this section.
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3 D. The Office of the Attorney General shall promulgate rules to
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4 effectuate the provisions of this section.
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5 SECTION 4. NEW LAW A new section of law to be codified
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6 in the Oklahoma Statutes as Section 130 of Title 60, unless there is
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7 created a duplication in numbering, reads as follows:
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8 A. If any real property is owned, held, leased, or acquired in
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9 violation of this act, or if divestment of any interest does not
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10 occur in the time period specified in subsection B of Section 2 of
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11 this act, the real property shall be forfeited to the state.
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12 B. The Attorney General and the district attorney of the county
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13 in which the property is located shall have jurisdiction and may
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14 initiate a civil action in the district court of the county in which
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15 the property is located for the forfeiture of the real property or
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16 any interest therein.
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17 C. Upon filing such action, the district court shall record a
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18 lis pendens in accordance with the laws of this state. The
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19 defendant may at any time petition to modify or discharge lis
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20 pendens based upon a finding that there is no probable cause to
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21 believe that the real property or any portion thereof is owned or
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22 held in violation of this act.
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23 D. If the court finds that the real property, or any portion
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24 thereof, is owned or held in violation of this section, the court
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1 shall enter a final judgment of forfeiture vesting title to the real
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2 property in this state, subject only to the rights and interests of
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3 bona fide lienholders, and such final judgment relates back to the
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4 date of the lis pendens.
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5 E. The state, acting through the Attorney General or the
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6 district attorney of the county in which the forfeited property is
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7 located, may sell the property or the interest in the real property
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8 subject to a final judgment of forfeiture. Any proceeds from the
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9 sale shall first be paid to any lienholders of the property
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10 interest, followed by the payment of any outstanding fines assessed
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11 pursuant to this section, after which the Office of the Attorney
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12 General shall be reimbursed for all costs related to the forfeiture
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13 civil action and any costs related to the sale of the property
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14 interest. Any remaining proceeds shall be paid to the holder of the
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15 forfeited property interest.
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16 F. At any time during the forfeiture proceeding, the Attorney
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17 General or district attorney may seek an ex parte order of seizure
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18 of the real property upon showing that the defendant's control of
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19 the real property constitutes a clear and present danger to the
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20 state.
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21 SECTION 5. This act shall become effective November 1, 2025.
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23 60-1-1078 RD 1/19/2025 5:45:56 AM
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Req. No. 1078 Page 9Every fact on this page links to its source, starting with the official bill record.