A growing number of states are considering or have passed measures this legislative term to ban “foreign adversaries” and foreign entities – specifically China – from buying farmland.
Proponents of the laws, mostly Republicans but some Democrats as well, have frequently cited concerns about food security and the need to protect military bases and other sensitive installations. But the moves have stoked anxieties among some experts on US-Chinese relations, including those who see echoes of past discriminatory laws in the United States like the Chinese Exclusion Act.
Florida last month joined a list of at least seven other states – including Virginia, North Dakota, Montana and Arkansas – to pass variations of such bills this session, according to the National Agricultural Law Center (NALC), which is tracking the issue and conducts research on agricultural and food law. Similar measures are percolating in more than two dozen states and there’s a bill in Congress that seeks to federalize the issue, the NALC said.
States have previously sought to limit foreign investment, said Micah Brown, a staff attorney at the NALC. What’s new, Brown says, is that some lawmakers are taking aim at specific countries and their governments.
“2023 is really swinging for the fences here, with a majority of states having some kind of proposal, at least one proposal,” Brown told CNN.
Of slightly more than 40 million acres of agricultural held by foreign investors in the United States, China held less than 1% of that land – or 383,935 acres – as of the end of 2021, according to a report from the US Department of Agriculture.
Fears about potential threats to sensitive sites
Florida’s law, signed on May 8, prohibits most citizens from “foreign countries of concern” from purchasing land on or within 10 miles of any “military installation or critical infrastructure facility,” including seaports, airports and power plants. It was signed alongside a different bill that bans internet applications like TikTok on Florida government devices, a similar area of focus for state politicians who have concerns about Chinese influence.
The foreign countries of concern that are named include China, Russia, Cuba, North Korea and Iran, along with agencies and governments operating on their behalf. In public remarks, governor and 2024 Republican presidential candidate Ron DeSantis repeatedly called out China.
“Today, Florida makes it very clear: We don’t want the (Chinese Communist Party) in the Sunshine State. We want to maintain this as the ‘Free State of Florida.’ That’s exactly what these bills are doing,” DeSantis said at a bill signing in May.
Following the bill’s passage, a group of Chinese citizens who live and work in Florida, along with a real estate company with primarily Chinese and Chinese-American clients, sued state officials, alleging the law would violate their equal protection and due process guarantees under the US Constitution. CNN has reached out to the governor’s office for comment.
Virginia’s legislation doesn’t name China, though Republican Gov. Glenn Youngkin has specifically cited the CCP in advocating for the new law. Montana’s applies to “foreign adversaries” as designated by the US Commerce Department, a list that includes China, Iran, North Korea and Russia.
Source: wsvn.com
Photo Credit: istock-AlenaMozhjer
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