Gov. Kristi Noem is reviving a bill to rework a law preventing foreign nationals from six countries from being able to purchase South Dakota agriculture land.
The state already has a law that prohibits foreign ownership of South Dakota ag land. The law has rarely been enforced.
Last year, Noem put her weight behind a US House provision to prohibit certain people and entities from China, Iran, North Korea and Russia purchasing ag land in the state. That idea failed to make it in the recent National Defense Authorization Act.
During her State of the State speech, Noem hinted that a bill would be forthcoming. Noem said Congress has failed to act.
“This is far too important to our national security to let another year go by and let our enemies gain a larger foothold in our economy and food supply chain," Noem said. "South Dakota respects the freedom to farm and ranch. That freedom should not extend to our enemies.”
According to a copy of draft legislation obtained by SDPB, the bill prohibits owning or leasing state ag land. It does allow for leases if they’re used for research purposes and is under 320 acres. However, any lease violations would result in termination.
The draft language directs the state Department of Ag and Natural Resources to refer any evidence of noncompliance with the already in place law to the attorney general. The attorney general can then subpoena any information necessary to prove noncompliance.
That differs from last year's proposed legislation, which would allow the governor to approve or deny any purchases of ag land by foreign individuals, entities or governments.
This bill expressly prohibits owning or leasing state ag land by people, entities and governments of China, Cuba, Iran, North Korea, Russia and Venezuela—a collection of countries the state deems as "prohibited entities."
Some of the state’s ag groups say they have significant questions about the proposal before they get behind it.
The bill is still forthcoming. Other state lawmakers want study the issue following session and bring recommendations next year for how to address the issue.
