47-10.1 Agricultural Land Ownership by Aliens
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<![CDATA[CHAPTER 47-10.1AGRICULTURAL LAND OWNERSHIP BY ALIENS47-10.1-01. Definitions. In this chapter, unless the context or subject matter otherwiserequires:1."Agricultural land" means land capable of use in the production of agricultural crops,<br>livestock or livestock products, poultry or poultry products, milk or dairy products, or<br>fruit and other horticultural products but does not include any land zoned by a local<br>governmental unit for a use other than, and nonconforming with, agricultural use, but<br>does not include any oil, gas, coal, or other minerals underlying the land, any<br>interest in minerals, separate from the surface, whether acquired by lease or<br>otherwise, or any easements or tracts of land acquired in connection with the<br>extraction, refining, processing, or transportation of minerals.2."Interest in agricultural land" includes any leasehold interest.47-10.1-02. Restriction on acquisition - Exceptions.1.An individual who is not a citizen of the United States, a citizen of Canada, or a<br>permanent resident alien of the United States may not acquire directly or indirectly<br>any interest in agricultural land unless:a.The individual is an alien entitled to enter the United States under the<br>provisions of a treaty of commerce and navigation between the United States<br>and the foreign state of which the individual is a national, solely to develop and<br>direct the operations of an enterprise in which the individual has invested or to<br>direct the operations of an enterprise in which the individual is actively in the<br>process of investing a substantial amount of capital;b.The individual resides in this state for at least ten months out of every year;c.The individual actively participates in the operation of the agricultural land;d.The agricultural landholding does not exceed six hundred forty acres [258.99<br>hectares]; ande.The agricultural landholding includes a dairy operation.2.An individual who is permitted to acquire an interest in agricultural land under<br>subsection 1 shall:a.Notify the agriculture commissioner of any land acquisition within thirty days of<br>the acquisition; andb.Annually provide the agriculture commissioner with a list of all addresses at<br>which the individual resided during the previous year and the dates during<br>which the individual resided at each address.3.If an individual ceases to meet the exceptions provided for in subsection 1, the<br>individual shall dispose of the agricultural land within twenty-four months.4.A partnership, limited partnership, limited liability company, trustee, or other<br>business entity may not, directly or indirectly, acquire or otherwise obtain any<br>interest, whether legal, beneficial, or otherwise, in any title to agricultural land unless<br>the ultimate beneficial interest of the entity is held directly or indirectly by citizens of<br>the United States or permanent resident aliens of the United States.Page No. 15.This section does not apply to agricultural land that may be acquired by devise,<br>inheritance, as security for indebtedness, by process of law in the collection of debts,<br>or by any procedure for the enforcement of a lien or claim thereon, whether created<br>by mortgage or otherwise; provided, that all agricultural land acquired in the<br>collection of debts or by the enforcement of a lien or claim must be disposed of<br>within three years after acquiring ownership if the acquisition would otherwise violate<br>this section.6.This section does not apply to a foreign corporation or a foreign limited liability<br>company which acquires agricultural land for use as an industrial site when<br>construction contracts are entered into by the corporation or limited liability company<br>within one hundred fifty days after acquisition of the land; provided, that this<br>exception applies only to so much agricultural land as is reasonably necessary for<br>industrial purposes. A foreign corporation or a foreign limited liability company which<br>owns agricultural land for industrial purposes but which discontinues using the land<br>for industrial purposes shall dispose of the land as provided by chapter 10-06.1. A<br>foreign corporation or foreign limited liability company shall dispose of agricultural<br>land acquired for industrial purposes within one year after acquisition if construction<br>contracts are not entered into within one hundred fifty days after acquisition of the<br>land.7.This section does not apply to citizens or subjects of a foreign country whose rights<br>to hold land are secured by treaty or to common carriers by railroad subject to the<br>jurisdiction of the interstate commerce commission.47-10.1-03. Recording. Repealed by S.L. 2005, ch. 388, </p>
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