WeVote
Log In

Bill

Bill

SB 1364

PROHIBITED PROP OWNERSHIP

104th Regular Session Introduced by Neil Anderson and 6 co-sponsors

Prohibits foreign‑controlled entities and prohibited foreign parties from acquiring or holding Illinois land, especially agricultural land, with divestiture and enforcement measure

0
WeVote Research Nonpartisan
Bill Summary · SB 1364

SB 1364 — "Prohibited Property Ownership" (summary)

Note: The provided document contains excerpts from multiple bills and jurisdictions. This summary focuses on the provisions that align with the title "Prohibited Property Ownership" — the changes to the Property Owned By Noncitizens Act (Illinois SB 1364) that restrict foreign-controlled acquisitions of land and create enforcement mechanisms.

Purpose and intent

SB 1364 is designed to prevent certain foreign persons, governments, and entities (“prohibited foreign parties”) and businesses controlled by them from acquiring or holding interests in Illinois land—with special emphasis on agricultural and rural lands. The bill seeks to protect agricultural production, natural resources, and state security by restricting ownership and creating enforcement tools and penalties.

Key definitions (selected)

  • "Prohibited foreign party": includes citizens/residents of countries subject to International Traffic in Arms Regulations (22 CFR 120–130), foreign governments from those countries, entities formed by such parties, entities designated by the U.S. Department of State as of particular concern, and agents/trustees of these persons/entities.
  • "Prohibited foreign‑party‑controlled business": any entity whose controlling interest (50%+ aggregate) is owned by a prohibited foreign party.
  • "Significant interest/substantial control": generally defined as 33%+ ownership or 50%+ aggregate ownership under certain concerted arrangements.
  • "Agricultural land": land outside municipal limits used for forestry, farming, ranching, or timber production (includes land last used for such purposes within past 5 years). Interest includes leases of one year or longer (or renewable options totaling one year).

Major provisions

  • Prohibition on acquisitions: A prohibited foreign-party-controlled business may not acquire any interest (by purchase, grant, devise, descent, etc.) in public or private land in the State.
  • Agricultural land ban: A prohibited foreign party may not acquire any interest in agricultural land in Illinois, regardless of intended use.
  • Divestiture period: If a prohibited foreign-party-controlled business or prohibited foreign party already holds prohibited land, it generally has two years to divest.
  • Enforcement: If divestiture does not occur within two years, the Illinois Attorney General must commence an action in the circuit court where the land is located.
  • Exceptions for resident aliens: A prohibited foreign party who is a resident alien of the U.S. may acquire and hold agricultural land on the same terms as a U.S. citizen while the person remains a resident. If they cease to be a resident alien, they must divest within two years or face enforcement.
  • Criminal penalties: Violations by either a prohibited foreign‑party‑controlled business or a prohibited foreign party owning agricultural land are punishable as a Class 4 felony — up to 2 years imprisonment, a fine up to $15,000, or both.
  • Office of Agricultural Intelligence: Creates an office within the Department of Agriculture to collect/analyze information concerning unlawful sales/possession of agricultural land by prohibited foreign parties and to administer/enforce the Act.

Who is affected

  • Foreign nationals and foreign governments identified in the definitions.
  • Domestic entities controlled (directly or indirectly) by prohibited foreign parties.
  • Landowners, buyers, sellers, and lessees of agricultural and rural land in Illinois.
  • State agencies — Attorney General and Department of Agriculture — tasked with enforcement and intelligence.

Enforcement/timeline highlights

  • Two-year window for divestiture after discovery or violation.
  • Attorney General is empowered to file civil enforcement actions in the jurisdiction of the land.
  • Criminal enforcement possible upon conviction.
  • The Office of Agricultural Intelligence is to be established to monitor and support enforcement.

Caveats

The bill text excerpt is truncated in places and the provided materials include unrelated state bill fragments. This summary is based on the available Illinois-focused provisions titled “Property Owned By Noncitizens Act” as presented. For implementation details, procedural text, and any amendments, review the full enrolled bill and legislative history.

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

Sign in to ask a question.