The bill amends the Code of West Virginia by introducing a new article that prohibits foreign adversaries from owning or possessing real property in the state. Specifically, it restricts the People's Republic of China and its citizens, who are not resident aliens or U.S. citizens, from acquiring any real estate or mineral interests in West Virginia. Additionally, it empowers a majority of state officials, including the Governor and Secretary of Homeland Security, to identify foreign governments and entities deemed hostile to U.S. interests, thereby prohibiting them from owning real estate in the state. The bill also mandates that any foreign entities currently owning real estate must divest within six months of the article's effective date.
To enforce these prohibitions, the bill establishes a judicial sale process for any illegally owned real estate, requiring the Attorney General to take civil action if a prohibited foreign-party-controlled business fails to divest. The bill includes provisions for good faith protections, ensuring that prior violations do not invalidate property titles and that individuals not subject to the prohibitions are not obligated to investigate the status of others. Overall, the legislation aims to safeguard West Virginia's real estate from foreign adversaries while providing a clear framework for enforcement and compliance.
Statutes affected: Introduced Version: 37-3A-1, 37-3A-2
Committee Substitute: 37-3A-1, 37-3A-2
Engrossed Committee Substitute: 37-3A-1, 37-3A-2
Enrolled Committee Substitute: 37-3A-1, 37-3A-2, 37-3A-3, 37-3A-4, 37-3A-5