Bill Summary for S 394 (2025-2026)

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Summary date: 

Jun 9 2026

Bill Information:

View NCGA Bill Details2025-2026 Session
Senate Bill 394 (Public) Filed Monday, March 24, 2025
AN ACT TO PROHIBIT THE ACQUISITION OF AGRICULTURAL LANDS OR LANDS ADJACENT TO MILITARY INSTALLATIONS BY CERTAIN ADVERSARIAL ENTITIES; TO PROVIDE FOR THE DIVESTMENT OF THOSE LANDS; AND TO PROVIDE FOR DOCUMENTATION AND REGISTRATION OF LAND OWNERSHIP BY CERTAIN ADVERSARIAL ENTITIES.
Intro. by Brinson, Hanig, Moffitt.

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Bill summary

House committee substitute to the 4th edition makes the following changes.

Amends GS 64-62 as follows. Makes clarifying changes in the definition of adversarial foreign government. Amends the definition of prohibited foreign party by also excluding a United States domiciled subsidiary of an entity that meets other listed criteria for exclusion.

Amends GS 64-63(d) by making the Attorney General responsible for enforcing payment of the civil fine for a prohibited foreign party that fails to timely file a registration. Requires a prohibited foreign party that acquires prohibited land on or after the effective date of the section, by devise or descent, through the enforcement of security interests, or through the collection of debts, other than a de minimis direct interest, to sell, transfer, or otherwise divest itself of the land within one year (was, three years) after acquiring the land. Prohibits requiring attachment of an affidavit that the buyer is not a prohibited foreign party and is in compliance with the statute to a deed of trust, mortgage, assignment of rents, security interest, or other lien securing payment or performance of an obligation under this statute by a (1) federally or state chartered bank, savings institution, or credit union; (2) licensed mortgage lender or servicer; (3) a governmental or quasi-governmental lending agency; or (4) an entity subject to federal anti-money laundering and suspicious activity reporting requirements under the Bank Secrecy Act.

Amends GS 161-14.04 by adding that the register of deeds is not liable because the document does not include the affidavit. Also specifies that failure to attach the affidavit does not impair constructive notice, lien priority, validity, or insurability.