Xenophobic laws prohibiting foreigners from property ownership

Florida enacted in 2023 (effective date 7/1/23) SB 924: Purchase or Acquisition of Real Property and Strategic Assets by the People’s Republic of China. The act prohibits ownership of over 50 acres of farm and, and property with 509 miles of “strategic assets in the state.” (The key passage is below).

This Florida law has served as a template of laws proposed in other states. This is perhaps to most visible evidence of a nationwide, largely Republican-driven, campaign to discriminate against foreigners in particular Chinese. South Dakota Governor.

Politico quotes a Republican Congressman: ““From Chinese Communist Party-affiliated purchases of agricultural land to efforts by the party to influence state and local politics, states are on the front lines of our New Cold War with the Chinese Communist Party,” said Rep. Mike Gallagher (R-Wis.), chair of the House Select Committee on China.

The Committee of 100 has been tracking legislation to restrict outright bar citizens of certain countries from owning property (the Committee is described below).

Summary of anti-foreigner property restrictions:

So far, in 2024 (as of April 25):

151 bills restricting property ownership by foreign entities have been considered by 32 states (115 bills) and Congress (36 bills). Of the 151 total bills, 7 passed and were signed into law in Idaho, Indiana, Iowa, Nebraska (2 bills), South Dakota, and Utah, respectively Of the 7 bills passed so far, 3 prohibit Chinese citizens from purchasing or owning some form of property: Indiana’s HB 1183, Nebraska’s LB 1301, and South Dakota’s HB 1231.

Since the beginning of 2023:

241 bills restricting property ownership by foreign entities have been considered by 39 states (205 bills) and Congress (36 bills). Of the 241 total bills, 194 have been under consideration that would prohibit Chinese citizens from purchasing or owning property. 24 passed and were signed into law. Of the 24 bills passed so far, 7 prohibit Chinese citizens from purchasing or owning some form of property: Arkansas’ SB 383, Florida’s S 264, Indian’s HB 1183 and SB 477, Nebraska’s 1301, South Dakota’s HB 1231, and West Virginia’s SB 548.

Key passage in Florida’s law:

(2) Notwithstanding any other law, beginning July 1, 2023,

any company or development owned or controlled by a company that is owned, in whole or in part, by, or is a subsidiary of, a company that is owned by the People’s Republic of China or the Chinese Communist Party or whose principal place of business is located within the People’s Republic of China, or any intermediary acting on behalf of such company or development. may not:

(a) Purchase or acquire any real property or strategic assets located within 50 miles of a

(b) Purchase or acquire any real property or strategic assets located within 50 miles of strategic assets in this state; or

(c) Purchase more than 50 acres of agricultural land within the state, including any contiguous agricultural land that equals more than 50 acres in total.

Committee of 100:

On its website the Committee of 100 writes that the “Committee of 100 is a non-profit, non-partisan membership organization of prominent Chinese Americans in business, government, academia, science, technology, and the arts. The organization was formed following the aftermath of Tiananmen Square… The name “Committee of 100” derives from a blend of inspirations of ‘We the People’ and an ancient Chinese idiom, 老百姓 (lao bai xing) to reflect both American values and Chinese culture. Translated directly, the characters 老百姓 mean ‘old (老) hundred (百) names (姓)’. Figuratively, 老百姓 represents everyone in the community. By adopting the name Committee of 100 (百人會) , the Committee of 100 Members aimed to embody the American spirit encapsulated in ‘We the People’ and interweave it with the tapestry of Chinese history..

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