23.1043.01000
Sixty-eighth
Legislative Assembly SENATE BILL NO. 2371
of North Dakota
Introduced by
Senators Paulson, Larsen, Wobbema
Representatives Fisher, Hoverson, Louser
1 A BILL for an Act to create and enact a new section to chapter 11-11 and a new section to
2 chapter 40-05 of the North Dakota Century Code, relating to the power of counties and
3 municipalities to prohibit local development by a foreign adversary; to amend and reenact
4 section 47-01-09 of the North Dakota Century Code, relating to the prohibition on ownership of
5 real property by a foreign adversary; and to declare an emergency.
6 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
7 SECTION 1. A new section to chapter 11-11 of the North Dakota Century Code is created
8 and enacted as follows:
9 Development by a foreign adversary - Prohibition.
10 A board of county commissioners, including a board in a home rule county, may not
11 procure, authorize, or approve a development agreement, building plan, or proposal relating to
12 county development with an individual or government identified as a foreign adversary under
13 15 CFR 7.4(a). Any ordinance previously adopted by a county which is contrary to this section is
14 void.
15 SECTION 2. A new section to chapter 40-05 of the North Dakota Century Code is created
16 and enacted as follows:
17 Development by a foreign adversary - Prohibition.
18 A board of city commissioners or city council, including a board or council in a home rule
19 city, may not procure, authorize, or approve a development agreement, building plan, or
20 proposal relating to city development with an individual or government identified as a foreign
21 adversary under 15 CFR 7.4(a). Any ordinance previously adopted by a city which is contrary to
22 this section is void.
23 SECTION 3. AMENDMENT. Section 47-01-09 of the North Dakota Century Code is
24 amended and reenacted as follows:
Page No. 1 23.1043.01000
 Sixty-eighth
Legislative Assembly
1 47-01-09. Public or private ownership - All property subject to - Foreign ownership
2 prohibited.
3 1. All property in this state has an owner, whether that owner is the United States or the
4 state, and the property public, or the owner an individual, and the property private. The
5 state also may hold property as a private proprietor.
6 2. Notwithstanding any other provision of law, the following individuals, governments, or
7 entities may not purchase, hold, or otherwise acquire title to real property in this state:
8 a. A foreign government listed as a foreign adversary.
9 b. A foreign business entity that is:
10 (1) Headquartered in a country that is a foreign adversary;
11 (2) Directly or indirectly held or controlled by a foreign adversary;
12 (3) Owned by the majority of stock or other ownership interests of which is held
13 or controlled by individuals who are citizens of a foreign adversary; or
14 (4) A company owned by, or the majority of stock or other ownership interest of
15 which is held or controlled by, a company or entity described in paragraph 3.
16 c. An individual who is a citizen of a country that is a foreign adversary.
17 3. For purposes of this subsection, "foreign adversary" means an individual or a
18 government identified as a foreign adversary in 15 CFR 7.4(a).
19 SECTION 4. EMERGENCY. This Act is declared to be an emergency measure.
Page No. 2 23.1043.01000


Statutes affected:
INTRODUCED: 47-01-09
FIRST ENGROSSMENT: 47-01-09
Enrollment: 47-01-09