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Idaho proposal would bar certain foreign 'adversaries' from buying farmland, require registration and allow foreclosure

2377830 · January 27, 2025
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Summary

Rep. Ted Hill introduced RS 31,940 to expand restrictions on foreign ownership of agricultural land, require registration by designated foreign adversaries and create a foreclosure pathway; committee members asked for detail on water-rights language and administrative enforcement.

Representative Ted Hill, District 14, told the House State Affairs Committee he would introduce RS 31,940, a proposal to expand state restrictions on foreign ownership of land near military training ranges and other sensitive areas.

Hill said the measure would require entities that meet the bill's definition of a “foreign adversary” to register within 60 days of enactment and, for agricultural land, allow the state to seek foreclosure and divestiture within 180 days. "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. He also described a whistleblower provision: "if they foreclose it, they get 30% of the proceeds," which Hill said is intended to incentivize reporting.

Hill framed the bill as incremental: earlier laws barred certain purchases but did not provide a direct enforcement path. "Current laws passed in the past ... restricted anybody buying agricultural land and mines ... this bill is going to expand on that," he said, arguing that the measure targets entities that would threaten national security, sovereignty or food security.

Why it matters: Hill and committee members emphasized national-security and military-readiness reasons for the measure, describing private parcels interleaved with ranges used by air combat training. Hill pointed to what he described as an Arkansas precedent in which officials moved to confiscate land tied to the foreign ownership of an agricultural seed company, saying, "they confiscated 160 acres" in that case. He also said foreign ownership in Idaho is "about 1% of land," a figure he cited to argue that the total amount is small but strategic location matters.

What the bill does: According to Hill's description to the committee, the bill (as drafted) would: - Expand prior restrictions and apply a registration requirement for owners the bill defines as foreign adversaries; Hill said registration must occur within 60 days of enactment. - Provide a process by which the state can foreclose on agricultural parcels owned by a qualifying foreign adversary, with an enforcement timeline Hill described as 180 days from identification. - Include a whistleblower route for citizens to report suspected foreign ownership, with a 30% share of proceeds if the state recovers value through foreclosure.

Committee questions focused on scope and mechanics. Representative Harveyari asked for clarification about a provision allowing de minimis indirect interests in agricultural water rights and asked that the sponsor walk the committee through the bill line by line at a future hearing. Representative Crane asked: "what happens if the state of Idaho does take the land back? Does it go to public auction?" Hill directed members to the bill text, saying distribution and sale processes are spelled out in the draft.

Hill described a map he provided to the committee and said the measure targets a broad swath he called a "sanctuary for military operations," asserting that surveillance and monitoring near ranges had previously constrained training. "These ranges have to be sanitized so nobody is surveilling what we're doing," Hill said, comparing the approach to steps Nevada took around Fallon and Nellis ranges.

Legal and administrative review: Hill said Idaho's attorney general had reviewed the proposal and was "comfortable with it," and he referenced a federal-era Foreign Owner Disclosure Act from 1978 as background for disclosure obligations he said are unevenly followed.

Committee action: Representative Palmer moved to introduce RS 31,940 and the motion carried by voice vote. The committee recorded the motion as introduced; a formal hearing was requested by multiple members to review detailed sections of the draft.

Next steps: The sponsor told the committee he would return for a full hearing with line-by-line explanations per members' requests.