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            Congressional
         'a  Research S             rvice
Snforrning the Ieg Isltive deb te since 1914


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State Regulation of Foreign Ownership of U.S.

Land: January to June 2023



July  28, 2023

State and federal lawmakers have expressed interest in legislative options to address the potential national
security and economic implications of foreign ownership of U.S. land. During the first six months of
2023, at least 15 states enacted legislation regulating foreign ownership of real property. A group of
plaintiffs filed a legal challenge to one state law-Florida's Senate Bill 264 (SB 264)-arguing that it
violates their constitutional rights, does not comport with the federal Fair Housing Act, and is preempted
by federal law. This Sidebar (1) outlines the recent state legislation on foreign ownership of real property;
(2) discusses SB 264 and the lawsuit challenging it; and (3) examines considerations for Congress.

Many State Legislatures Enacted or Proposed Laws Regulating Foreign
Ownership of U.S. Land in 2023

Between January and June 2023, Alabama, Arkansas, Florida, Idaho, Indiana, Louisiana, Mississippi,
Montana, North Dakota (HB 1135 and SB 2371), Oklahoma, South Dakota, Tennessee, Utah, West
Virginia, and Virginia enacted legislation regulating foreign ownership of U.S. land. During this same
period, state lawmakers introduced bills in more than 20 other states that would regulate or restrict foreign
ownership of real property if enacted.















                                                             Congressional Research Service
                                                               https://crsreports.congress.gov
                                                                                 LSB11013


CRS Legal Sidebar
Prepared for Members and
Committees of Congress -

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