Sponsored by:
Assemblyman PARKER SPACE
District 24 (Morris, Sussex and Warren)
Assemblyman HAROLD "HAL" J. WIRTHS
District 24 (Morris, Sussex and Warren)
SYNOPSIS
Bans foreign ownership of agricultural or horticultural land and agricultural woodlands in State.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the ownership of agricultural and horticultural land and agricultural woodlands in the State, and supplementing Title 4 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Agricultural development areas" means the same as the term is defined in P.L.1983, c.32 (C.4:1C-13).
"Agricultural or horticultural land" means any land actively devoted to agricultural or horticultural use, any land located in agricultural development areas, any land subject to an agricultural deed restriction for farmland preservation purposes, or any land zoned for agricultural or horticultural use regardless of the use of the land upon the effective date of this act.
"Agricultural or horticultural use" means: the production of plants, animals, and agricultural or horticultural products from plants or animals useful to man, including, but not limited to, forages or sod crops, grains or feed crops, dairy animals or dairy products, poultry or poultry products, livestock animals, including beef cattle, sheep, swine, horses, ponies, mules, or goats, and animal products, bees or apiary products, or fur animals; aquacultured aquatic organisms or products; trees or forest products, hops or other crops used in the production of beer or mead, vegetables or fruits of all kinds, including grapes, nuts, and berries, or nursery, floral, ornamental, or greenhouse products; the production, harvesting, storage, grading, packaging, processing, or wholesale and retail marketing of crops, plants, animals, or other related commodities; the use of vineyards for the production of wine; the use and application of techniques and methods related to soil preparation and management, fertilization, weed, disease or pest control, animal breeding or grazing, farm waste disposal, irrigation, or drainage and water management; or any use that meets the requirements and qualifications for payments or other compensation authorized pursuant to a soil conservation program under an agreement with an agency of the federal government.
"Agricultural woodlands" means forested acres of land that support an agricultural or horticultural use, and forested acres of land used in the production of specialty crops and other products that are: derived from trees or from the production and sale of trees and forest products; are subject to a woodland management plan adopted pursuant to section 3 of the "Farmland Assessment Act of 1964," P.L.1964, c.48 (C.54:4-23.3); or are subject to a forest stewardship plan adopted pursuant to section 3 of P.L.2009, c.256 (C.13:1L-31).
"Department" means the Department of Agriculture.
"Foreign government" means any government other than the government of the United States or of its states, territories, possessions, or any political subdivision thereof. "Foreign government" includes an agent, trustee, or fiduciary thereof, acting for a foreign government.
"Foreign person" means any individual who is not a citizen of the United States and is a nonresident alien or a resident alien of the United States or one of its states, territories, or possessions; any corporation, partnership, association, or other legal entity created under the laws of a foreign government; or any corporation, partnership, association, or other legal entity, created under the laws of the United States or any of its political subdivisions, the majority of the ownership of which is directly or indirectly held, legally or beneficially, by one or more foreign governments, by one or more foreign persons, by one or more legal entities created under the laws of a foreign government, or by any combination thereof. Foreign person includes an agent, trustee, or fiduciary thereof, acting for a foreign person.
"Secretary" means the Secretary of Agriculture.
2. a. Notwithstanding any law, rule, or regulation to the contrary, no foreign government or foreign person shall acquire, purchase, or otherwise obtain a legal, beneficial, or other interest in any agricultural or horticultural land or agricultural woodlands in the State on or after the effective date of this act.
b. Any foreign government or foreign person owning or holding an interest in agricultural or horticultural land or agricultural woodlands in the State upon the effective date of this act may continue to own or hold an interest therein for a maximum of five years after the effective date of this act, and shall not acquire, purchase, or otherwise obtain an interest in, any other agricultural or horticultural land or agricultural woodlands, in the State, on or after the effective date of this act, except:
(1) pursuant to a process of law involving the collection of debt the execution of a deed in lieu of foreclosure, the forfeiture of a contract for deed, or the imposition of a lien or claim on the land, whether created by a mortgage or otherwise, in which case, the provisions of subsection d. of this section shall apply; or
(2) by devise or descent, or through the establishment of a bona fide encumbrance on agricultural or horticultural land or agricultural woodlands taken for the purposes of security, in which case, the provisions of subsection f. of this section shall apply.
c. A foreign government or foreign person owning or holding an interest in agricultural or horticultural land or agricultural woodlands in the State upon the effective date of this act shall sell or otherwise convey the ownership of, or interest in, the agricultural or horticultural land or agricultural woodlands, as applicable, within five years after the effective date of this act, with a deed of easement attached to the land requiring the land to remain devoted to agricultural or horticultural use or be maintained as agricultural woodlands, as applicable. The land or interest therein shall be sold or conveyed to an individual, trust, corporation, partnership, or other business entity that is not a foreign government or foreign person subject to the provisions of this act.
d. (1) Agricultural or horticultural land or agricultural woodlands acquired by a foreign government or foreign person on or after the effective date of this act, pursuant to the exception established in paragraph (1) of subsection b. of this section, shall be sold or conveyed, by the foreign owner thereof, within two years after title to the land is transferred thereto. Upon such sale or conveyance of the land, a deed of easement shall be attached to the land requiring the land to remain devot