Bill Text: MI HB4134 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Property: land sales; sale or transfer of real property to foreign entities; prohibit. Amends title & secs. 35 & 36 of 1846 RS 66 (MCL 554.135 & 554.136) & adds sec. 36a.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2023-02-22 - Bill Electronically Reproduced 02/22/2023 [HB4134 Detail]
Download: Michigan-2023-HB4134-Introduced.html
HOUSE BILL NO. 4134
A bill to amend 1846 RS 66, entitled
"Of estates in dower, by the curtesy, and general provisions concerning real estate,"
by amending the title and sections 35 and 36 (MCL 554.135 and 554.136) and by adding section 36a.
the people of the state of michigan enact:
Of estates in dower, estates by the curtesy, and general provisions concerning real estate, and prohibitions on certain foreign acquisition or ownership of certain real estate.
Sec. 35. (1) Any Except as otherwise provided in section 36a, an alien may acquire and hold lands, land, or any right thereto or interest therein, in land, by purchase, devise, or descent, and he may convey, mortgage, and devise the same, and if he shall die land or right or interest in land. If an alien dies intestate, the same shall alien's land or right or interest in land must descend to his the alien's heirs. ; and in all cases such lands shall
(2) Except as otherwise provided in section 36a, land or a right or interest in land described in section (1) must be held, conveyed, mortgaged, or devised, or shall must descend in like manner, and with like effect, as if such the alien were a native citizen of this state , or of the United States.
Sec. 36. The Except as otherwise provided in section 36a, the title to any lands heretofore land conveyed shall must not be questioned, nor or in any manner affected, by reason because of the alienage of any person from or through whom such the title may have been was derived.
Sec. 36a. (1) Beginning on the effective date of the amendatory act that added this section, except as otherwise provided in this section, a foreign government or state-sponsored enterprise, or an individual operating on behalf of a foreign government or state-sponsored enterprise, shall not purchase or acquire farmland in this state. A foreign government or state-sponsored enterprise, or an individual operating on behalf of a foreign government or state-sponsored enterprise, that owns or holds farmland in this state before October 1, 2023 may continue to own or hold the farmland but shall not purchase or otherwise acquire additional farmland in this state.
(2) Subsection (1) does not apply to acquisitions or purchases of farmland in this state under a treaty of the United States.
(3) As used in this section:
(a) "Controlling interest" means direct or indirect ownership of 50% or more of an enterprise, company, or corporate entity.
(b) "Farmland" means land zoned for agricultural use and capable of any of the following:
(i) Creating agricultural crops.
(ii) Sustaining any of the following:
(A) Livestock or livestock products.
(B) Poultry or poultry products.
(C) Timber.
(D) Dairy or dairy products.
(E) Orchard or fruit productions.
(F) Ranching.
(G) Hemp production.
(c) "Foreign government" means a government, state, or state-controlled organization other than any of the following:
(i) The government of the United States.
(ii) The government of this state.
(iii) A local government of this state.
(iv) A local, state, or territorial government of a state or territory in the United States that is not this state.
(d) "Primary interest" means an interest in a company, enterprise, or corporate entity that serves the geopolitical aims of a foreign government or invests in a belligerent interest against the United States.
(e) "State-sponsored enterprise" means any enterprise, company, or corporate entity in which a foreign government has a primary interest or controlling interest.
