House amendment to the 2nd edition makes the following changes.
Adds to proposed GS 64-53 that the responsibility for determining whether an individual or other entity is subject to new Article 3 rests with the adversarial foreign government and the State, and no other. Specifies that an individual or entity who is not an adversarial foreign government is not subject to civil or criminal liability for failing to determine or make inquiry as to whether an individual or other entity is an adversarial foreign government.
Bill Summaries: H 463 NC FARMLAND AND MILITARY PROTECTION ACT.
Printer-friendly: Click to view
Tracking:
-
Bill H 463 (2023-2024)Summary date: Apr 26 2023 - View Summary
-
Bill H 463 (2023-2024)Summary date: Apr 25 2023 - View Summary
House committee substitute to the 1st edition makes the following changes. Amends the definitions used in the North Carolina Farmland and Military Protection Act (new Article 3 to GS Chapter 64) as follows. Adds new defined term military installation, meaning Fort Bragg, Pope Army Airfield, Marine Corps Base Camp Lejeune, New River Marine Corps Air Station, Cherry Point Marine Corps Air Station, Military Ocean Terminal at Sunny Point, the United States Coast Guard Air Station at Elizabeth City, Naval Support Activity Northwest, Air Route Surveillance Radar (ARSR-4) at Fort Fisher, and Seymour Johnson Air Force Base, in its own right and as the responsible entity for the Dare County Bombing Range, and any facility located within the State that is subject to the installations' oversight and control. Makes technical and conforming change to GS 64-53 (bar on adversarial foreign governments acquiring agricultural land) to account for newly defined military installation.
Changes definition of agricultural land to have it also include aquaculture, as defined in GS 106-758 (in addition to already included cultivation of soil or production and harvesting of crops, including but not limited to fruits, vegetables, sod, flowers and ornamental plants; the planting and production of trees and timber; and dairying and the raising, management, care, and training of certain livestock for individual and public use, consumption, and marketing—i.e., the definitions of agriculture set forth in GS 106-581.1(1)-(3)). Specifies that agricultural land does not include land situated in this State leased for agricultural research and development purposes or other activities for the purpose of producing inputs and/or products for farmers or other end-users, provided that the acreage leased by the lessee does not exceed 250 acres in the aggregate.
-
Bill H 463 (2023-2024)Summary date: Mar 23 2023 - View Summary
Adds new Article 3, Prohibit Adversarial Foreign Government Acquisition of Certain Lands, providing as follows. Titles the act as the North Carolina Farmland and Military Protection Act. Sets out the act's purpose. Prohibits an adversarial foreign government from purchasing, acquiring, leasing, or holding an interest in (1) agricultural land or (2) land situated within a 25-mile radius of a military base, military installation, or military airport. Voids any land transfer in violation of this statute. Defines adversarial foreign government to mean a state-controlled enterprise (a business enterprise, however denominated, in which a foreign government possesses more than 50% of the ownership interest or less if an owner directs the business and affairs of the entity without the requirements or consent of any other party) or the government of a foreign nation that has received a designation under 15 C.F.R. § 7.4 (determination of foreign adversaries) from a determination by the US Secretary of Commerce that the entity has engaged in a long-term pattern or serious instances of conduct significantly adverse to US national security or security and safety of US persons. Also defines the terms agricultural land and interest.
Includes a severability clause.
Applies to interests in land acquired on or after January 1, 2024.