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A 169

Bans foreign ownership of agricultural or horticultural land and agricultural woodlands in State.

2026-2027 Regular Session Introduced by Bob Auth and 3 co-sponsors

Prohibits new foreign ownership of NJ agricultural land/woodlands and requires divestment within five years for pre-existing foreign ownership, with use-preserving easements.

Introduced, Referred to Assembly Agriculture and Natural Resources Committee
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Bill Summary · A 169

Bill A-169 (Session 222, New Jersey) – Summary

Title: Bans foreign ownership of agricultural or horticultural land and agricultural woodlands in the State

Jurisdiction: New Jersey

Status: Introduced January 13, 2026; referred to Assembly Agriculture and Natural Resources Committee

Primary sponsors: Dawn Fantasia, Mike Inganamort, Bob Auth, Erik Peterson (co-sponsors)

Effective date: Immediate upon enactment

1) Purpose and intent

  • The bill seeks to prohibit foreign governments and foreign persons from acquiring or holding an interest in New Jersey agricultural or horticultural land or agricultural woodlands after the act’s effective date.
  • It aims to ensure such land remains in non-foreign ownership, with limited grandfathering for land already owned at the effective date and to establish ongoing reporting on foreign ownership trends.

2) Definitions (key terms)

  • Agricultural or horticultural land: Includes land actively used for agricultural/horticultural purposes, land in agricultural development areas, land with farmland preservation restrictions, or land zoned for agricultural/horticultural use (as of the act’s effective date).
  • Agricultural or horticultural use: Broadly covers production of crops and livestock, processing, storage, packing, marketing, vineyard use for wine, soil/water management, and related farm activities; includes land used in soil conservation payments.
  • Agricultural woodlands: Forested land supporting agricultural/horticultural use or land used for specialty crops/forest products, or subject to a woodland management or forest stewardship plan.
  • Foreign government and foreign person: As defined to include governments other than the U.S. (and subdivisions) and any entities/individuals ultimately controlled by such governments or non-U.S. interests.
  • Department and Secretary: Department of Agriculture and its Secretary.

3) Provisions and key changes

A. Prohibition on new foreign ownership

  • No foreign government or foreign person may acquire or hold an interest in agricultural or horticultural land or agricultural woodlands in New Jersey on or after the act’s effective date.

B. Grandfathering for pre-existing ownership

  • Foreign government or foreign person with an interest as of the act’s effective date may continue to own that interest for up to five years.
  • After five years, they must sell or convey the ownership to a non-foreign entity, with a deed of easement to keep the land devoted to agricultural/horticultural use or maintained as agricultural woodlands.

C. Transfers and sales under the act

  • Any sale related to a foreign ownership situation must occur within five years of enactment, and the buyer must be non-foreign.
  • If ownership is acquired via debt collection, foreclosure processes, or liens, the owner must still sell within two years of title transfer, with a deed of easement attached.

D. Exceptions and special cases

  • Transfers via devise or descent, or the creation of bona fide encumbrances for security, are not subject to the prohibition in certain circumstances.
  • The act excludes transfers between foreign governments or foreign persons by devise/descent, except in limited cases.
  • The act does not apply to treaty conflicts with foreign countries when a treaty applies to the country’s citizens.

E. Valuation adjustments

  • Land assessments associated with such acquisitions must reflect the requirement that the land remain agriculturally devoted or woodlands maintained, as applicable.

F. Administrative reporting (annual and interim)

  • The Secretary of Agriculture must compile and report to the Governor and Legislature, no later than 90 days after enactment and annually thereafter, on: 1) Total acreage owned by foreign governments or foreign persons. 2) Year-over-year percentage change in in-state foreign-owned acreage (over the prior 10 years). 3) Top 10 nationalities of foreign owners by acreage. 4) Uses of such land in the prior five years and any notable trends.
  • Data sources may include USDA reports or other relevant information; state and local agencies must cooperate and provide data.

4) Potential impact

  • Direct effect: Tightening restrictions on foreign ownership of agricultural land and woodlands in New Jersey; creates a sunset-like requirement for foreign holders to divest within five years for pre-existing ownership, with an attached easement to preserve agricultural use.
  • Operational impact: Requires the Secretary of Agriculture to establish a now-annual data collection and public reporting framework, drawing on federal and state sources.
  • Market effects: Could influence land market dynamics, potentially increasing demand for non-foreign ownership entities and preserving agricultural land use through easements.
  • Enforcement considerations: Requires monitoring and verification of ownership, easements, and compliance with divestiture timelines.

5) Procedural/timeline notes

  • Effective date: Immediate upon enactment.
  • For existing foreign ownership at the effective date: up to five years to divest and attach an agricultural-use easement.
  • Annual reporting cycle: Beginning within 90 days after enactment and continuing every year.

If you’d like, I can provide a side-by-side comparison with current NJ statutes on farmland preservation and any related federal treaty considerations.

Compiled from official sources — confirm details with the bill’s official record.

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