HOUSE DOCKET, NO. 3067        FILED ON: 1/16/2025

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The Commonwealth of Massachusetts

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PRESENTED BY:

Marcus S. Vaughn

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act prohibiting the purchase of farm land by foreign governments.

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PETITION OF:

HOUSE DOCKET, NO. 3067        FILED ON: 1/16/2025

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The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Fourth General Court
(2025-2026)

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An Act prohibiting the purchase of farm land by foreign governments.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 184 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after section 1 the following new section:-

Section 1A.  (a) As used in this section the following words shall, unless the context requires otherwise, have the following meanings:—

“Agricultural land” means the same as it is defined in section 1 of chapter 61A.

"Controlling interest" means either possession of more than 50 percent of the ownership interests in an entity or a percentage ownership in an entity of 50 percent or less if such owner directs the business and affairs of such entity without the requirement or consent of any other party.

“Department" means the Department of Agricultural Resources.

"Foreign government" means a government or state-controlled enterprise of a foreign government. The term does not include the government of the United States or any government of its states, territories, or possessions.

"Interest" means any estate, remainder, or reversion, or portion of the estate, remainder, or reversion, or an option pursuant to which one party has a right to cause legal or equitable title to agricultural land to be transferred.

(b) Notwithstanding any general or special law to the contrary, on and after June 1, 2025, no foreign government shall purchase, acquire, lease, or hold any interest in agricultural land in the Commonwealth that is within a 20-mile radius of a United States military base. This section shall not apply to (i) any interest in agricultural land held by a foreign government prior to June 1, 2025, or (ii) any federally recognized tribal government units and enterprises. Any transfer of an interest in land in violation of this section shall be void.

(c) The Department shall compile an annual report in consultation with the appropriate state agencies and boards for each calendar year containing the following:

1. The total amount of agricultural land that is under foreign ownership or leased by a foreign government;

2. The percentage change in foreign ownership of agricultural land in the Commonwealth for each year over the prior 10 years;

3. The purpose for which foreign-owned agricultural land in the Commonwealth is being used currently. To the extent such information is available, the Department shall also include any significant recent changes or trends in the uses of foreign-owned agricultural land in the Commonwealth;

4. With the assistance of relevant state agencies, information regarding the extent of, and any recent changes in, foreign ownership of energy production, storage, or distribution facilities in the Commonwealth to the extent such information is available; and

5. Any legislative, regulatory, or administrative policy changes the Department recommends in light of the information in this report.

(d) The report required in subsection (c) shall be compiled and submitted to both the house and senate committees on ways and means and posted on the Department’s website not later than July 31 of each year detailing the findings of the previous calendar year.