Gov. Burgum signs bill to ban foreign governments from buying ag land in the state

BISMARCK — Gov. Doug Burgum has signed a bill to ban foreign governments and businesses they control from buying agricultural land in the state.

House Bill 1135 was signed on Thursday, April 20, along with more than a dozen others.

The law will go into effect later this year.

Some amendments made to the bill since it was originally drafted include that the prohibition on foreign ownership of agricultural land wouldn’t apply to land that is used for “agriculture research and development or experimental purposes, including testing, developing or producing crop production inputs, including seed, fertilizer, pesticides, soil amendments, plants or biologicals.”

Another amendment also makes an exception for the number of acres that can be used for research purposes. The Senate limited it to 160 acres.

A “foreign government,” as listed in the bill, doesn’t include Canada or its provinces or territories.

House Bill 1135 will not affect land held by a foreign government before July 1, 2023.

The bill, introduced by Rep. Lawrence Klemin, R-Bismarck, was brought forward following concerns over the Fufeng wet corn mill project in Grand Forks.

Another bill related to foreign entities acquiring or investing in land in the state making its way through the Legislature is Senate Bill 2371, which focuses on foreign adversaries and would prohibit county commissions and city councils from establishing development agreements with entities deemed "foreign adversaries" of the United States.

House Bill 1503, which sought to prohibit foreign ownership of real property in North Dakota, passed the House 93-0 on Feb. 21, but failed 45-2 during a Senate floor vote on March 20 due to its similarities to Senate Bill 2371.