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
permanent resident alien of the United States may not acquire directly or indirectly any
interest in agricultural land unless:
a. The individual is an alien entitled to enter the United States under the provisions
of a treaty of commerce and navigation between the United States and the
foreign state of which the individual is a national, solely to develop and direct the
operations of an enterprise in which the individual has invested or to direct the
operations of an enterprise in which the individual is actively in the 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
hectares]; and
e. The agricultural landholding includes a dairy operation.
2. An individual who is permitted to acquire an interest in agricultural land under
subsection 1 shall:
a. Notify the agriculture commissioner of any land acquisition within thirty days of
the acquisition; and
b. Annually provide the agriculture commissioner with a list of all addresses at which
the individual resided during the previous year and the dates during which the
individual resided at each address.
3. If an individual ceases to meet the exceptions provided for in subsection 1, the
individual shall dispose of the agricultural land within twenty-four months.
4. A partnership, limited partnership, limited liability company, trustee, or other business
entity may not, directly or indirectly, acquire or otherwise obtain any interest, whether
legal, beneficial, or otherwise, in any title to agricultural land unless the ultimate
beneficial interest of the entity is held directly or indirectly by citizens of the United
States or permanent resident aliens of the United States.
5. This section does not apply to agricultural land that may be acquired by devise,
inheritance, as security for indebtedness, by process of law in the collection of debts,
or by any procedure for the enforcement of a lien or claim thereon, whether created by
mortgage or otherwise; provided, that all agricultural land acquired in the collection of
debts or by the enforcement of a lien or claim must be disposed of within three years
after acquiring ownership if the acquisition would otherwise violate this section.
6. This section does not apply to a foreign corporation or a foreign limited liability
company which acquires agricultural land for use as an industrial site when
construction contracts are entered into by the corporation or limited liability company
within one hundred fifty days after acquisition of the land; provided, that this exception
applies only to so much agricultural land as is reasonably necessary for industrial
purposes. A foreign corporation or a foreign limited liability company which owns
agricultural land for industrial purposes but which discontinues using the land for
industrial purposes shall dispose of the land as provided by chapter 10-06.1. A foreign
corporation or foreign limited liability company shall dispose of agricultural land
acquired for industrial purposes within one year after acquisition if construction
contracts are not entered into within one hundred fifty days after acquisition of the
land.
7. This section does not apply to citizens or subjects of a foreign country whose rights to
hold land are secured by treaty or to common carriers by railroad subject to the
jurisdiction of the interstate commerce commission.
8. Notwithstanding subsection 4 and subsection 6, after June 30, 2023, a foreign
government may not purchase, acquire, or hold any foreign governmental interest in
agricultural land in the state. This section does not apply to any interest in agricultural
land held by a foreign government before July 1, 2023.
9. Notwithstanding the provisions of this chapter, the prohibition on ownership of
agricultural land does not apply to the acquisition of agricultural land or an interest in
agricultural land by a state-controlled enterprise if the agricultural land:
a. Is used for agricultural research and development, or experimental purposes,
including testing, developing, or producing crop production inputs, including seed,
fertilizer, pesticides, soil amendments, plants, or biologicals; and
b. Does not exceed one hundred sixty acres [64.75 hectares].
