Indiana Bill Restricting Foreign Land Ownership Advances to Senate

Tuesday, January 30, 2024

A legislative initiative, HB 1183, designed to curb foreign ownership of land in Indiana, achieved unanimous committee approval on Monday. Crafted by Rep. Kendell Culp and co-authored by Reps. Mike Aylesworth, Chris Jeter, and Cherrish Pryor, the bill mandates that any real estate closing involving agricultural land, starting July 1, 2024, must include an affidavit confirming that the purchaser is not from a country considered adversarial by the United States, such as China, Russia, or North Korea.

Culp emphasized the national context, stating that 40 million acres of the U.S.'s 1.3 billion acres of farmland are presently owned by foreign countries. In Indiana, 2.2 percent of the farmland is currently owned or leased by foreign entities. The proposed legislation is intended to safeguard against further growth in foreign ownership, particularly from nations identified as adversarial.

Support for HB 1183 comes from influential groups, including the Indiana Farm Bureau, Indiana Soybean Alliance, Indiana Corn Growers Association, and the Attorney General’s office. However, the ACLU of Indiana, represented by Executive Director Chris Daley, voices concerns about potential national origin discrimination and the exclusion of law-abiding citizens from participating in farming ownership.

Culp clarified that the bill specifically targets individuals who are citizens of foreign adversarial entities. Additionally, the legislation mandates the Attorney General to investigate any acquisition or lease of agricultural land believed to violate the law, with illegally acquired land subject to forfeiture to the state.

The move to restrict foreign land ownership gained traction nationally in 2021, and Indiana was among the first states to implement such measures. This bill follows the recent introduction of federal legislation by U.S. Sens Mike Braun and Todd Young. HB 1183 is now poised for consideration in the Senate, marking a crucial step in addressing concerns over the ownership of agricultural land in the state.

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