Pennsylvania Act 1980-39 — AGRICULTURAL LAND ACQUISITION BY ALIENS LAW

Act text

AGRICULTURAL LAND ACQUISITION BY ALIENS LAW
                  Act of Apr. 6, 1980, P.L. 102, No. 39               Cl. 03
                                  AN ACT

     Restricting the acquisition by certain aliens of an interest in
        agricultural lands.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  An alien, who is not a resident of a state or
     territory of the United States or of the District of Columbia;
     and a foreign government shall not acquire an interest in
     agricultural land, exceeding 100 acres, except such as may be
     acquired by devise or inheritance, and such as may be held as
     security for indebtedness. The provisions of this section shall
     not apply to citizens, foreign governments or subjects of a
     foreign country whose rights to hold land are secured by treaty.
        Section 2.  Section 1 shall not apply to agricultural lands
     acquired 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. All lands so acquired
     shall be disposed of within three years after acquiring title.
        Section 3.  A nonresident alien who is or becomes a bona fide
     resident of some state or territory of the United States or of
     the District of Columbia, shall have the right to acquire and
     hold agricultural lands in this State upon the same terms as
     citizens of this State during the continuance of such bona fide
     residence. Whenever such resident alien ceases to be a bona fide
     resident, he shall have three years from the time of termination
     of residency in which to alienate his interest in the
     agricultural lands acquired pursuant to this act.
        Section 4.  Nonresident aliens who acquire agricultural lands
     in this Commonwealth by devise or descent and who are not
     designated Class A beneficiaries for inheritance tax purposes
     shall have three years from the date of so acquiring such title
     in which to alienate such agricultural lands. Those nonresident
     aliens who acquire agricultural lands by devise or descent and
     who qualify as beneficiaries designated Class A for inheritance
     tax purposes shall have the right to acquire and hold
     agricultural lands in this Commonwealth upon the same terms as
     citizens of this Commonwealth.
        Section 5.  The Department of Agriculture shall monitor, for
     compliance with this act, biannual reports transmitted to the
     department pursuant to section 6 of the United States
     Agricultural Foreign Investment Disclosure Act of 1978 (Public
     Law 95-460). If this review reveals evidence of noncompliance
     with this act the Department of Agriculture shall refer this
     evidence to the Attorney General who shall investigate the case
     and initiate legal action if necessary in the court of common
     pleas of the county in which the land held in violation of
     section 2 is situated.
        Section 6.  Agricultural lands acquired or held in violation
     of sections 1 and 4 shall be forfeited to the Commonwealth. The
     Attorney General shall enforce such forfeiture. However, no such
     forfeiture may be adjudged unless the action to enforce is
     brought within five years after such property has been acquired
     or held by such alien. No title to land is invalid or liable to
     forfeiture by reason of the alienage of any former owner or
     person interested therein.
        Section 7.  For purposes of this act, the term "agricultural
     land" means land capable of use in the production of
     agricultural crops, timber, livestock or livestock products,
     poultry or poultry products, milk or dairy products, or fruit
     and other horticultural products but does not include any
     royalty interest, any oil, gas or other mineral interest, or any
     lease, right-of-way, option or easement relating thereto, or any
     land zoned by a local governmental unit for a use other than and
     nonconforming with agricultural use.
        Section 8.  All acts or parts of acts inconsistent herewith
     are repealed.
        Section 9.  This act shall take effect in 60 days.