State Affairs committee introduces RS 31,940 to limit foreign ownership near military operation areas

The Idaho House State Affairs Committee voted to introduce RS 31,940, legislation from Representative Ted Hill that would expand restrictions on foreign ownership of agricultural land and related property in areas defined in the bill as military operation sanctuaries.

Representative Ted Hill, District 14 (Eagle and Emmett), told the committee the bill “is decisive as required to protect American national security, sovereignty and food security.” He described the measure as incremental to earlier legislation and said the bill would require qualifying foreign owners to register within 60 days of enactment and allow foreclosure after 180 days for agricultural land he identified in the bill.

Hill put the proposal in context, saying past Idaho legislation — he referenced earlier House bills — limited purchases of agricultural land and other categories and that RS 31,940 would expand enforcement against “foreign adversaries” that seek to acquire land near sensitive military ranges. “When we find out it fits the category of foreign adversaries … they have to go ahead and register within 60 days of enactment of this bill and within 180 days we can foreclose on them,” Hill said.

Hill cited examples and precedent outside Idaho, saying that Arkansas pursued confiscation in one corporate case and that roughly 1 percent of land in Idaho is currently foreign-owned. He also described the proposal’s whistleblower component: a person who reports a prohibited foreign ownership could receive 30 percent of proceeds if the state forecloses on the property. “The whistleblower gets 30% of that at the end of it,” Hill told the committee.

Committee members asked for clarifications. Representative Harveyari said the bill contains complex provisions, including a de minimis interest and treatment of agricultural water rights, and asked to walk through the bill item by item at a hearing. Representative Alfieri asked Hill to explain a map included with the materials; Hill described the outlined area as a “Military Operations area” that he said must be kept free of surveillance to protect training ranges and expanding airspace needs tied to fighter operations.

Representative Boyle asked whether the bill contemplates state seizure of private property through eminent domain. Hill said that was not his intent: “Does it sound like within the scope of that? No. I think it's just the it's like if it's land, it's farmland and everything, it does not it just prevents our foreign adversaries from buying things in this area.” Representative Mickelson raised concern about the whistleblower incentive prompting neighbor disputes; Hill said the attorney general would be responsible for identifying owners and he expected the risk of abusive claims to be minimal.

Representative Palmer moved to introduce RS 31,940; the committee approved the motion by voice vote and the motion carried. The committee then proceeded to its next agenda item.

The bill as introduced would expand the state's tools to identify and move against disallowed foreign ownership in the areas described; committee members requested more detailed review at a subsequent hearing.