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S 3591

Prohibits ownership of certain protected land adjacent to military facilities in State by certain foreign governments and persons.

2024-2025 Regular Session Introduced by Doug Steinhardt and 1 co-sponsor

Prohibits foreign governments or foreign persons from owning protected land within 10 miles of U.S. military facilities in New Jersey, with a five-year divestiture window.

Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee
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Bill Summary · S 3591

Summary: S 3591 — Prohibits ownership of certain land adjacent to military facilities by certain foreign governments and persons

Purpose and intent

S 3591 would prohibit foreign governments and foreign persons that are sanctioned by the United States from acquiring or otherwise obtaining any legal or beneficial interest in “protected land” located within New Jersey. The measure targets land adjacent to military facilities, aiming to reduce foreign control or influence over land near U.S. military assets. The act supplements Chapter 3 of Title 46 of the Revised Statutes and takes effect immediately.

Key definitions

  • Foreign government: Any government other than the U.S. federal or state governments or their subdivisions, including agents or fiduciaries acting for that government, subject to official U.S. sanctions.
  • Foreign person: A broad category including non-U.S. citizens, nonresident aliens, entities created under the laws of a foreign government, or entities whose majority ownership is held by foreign governments or foreign persons (and their agents or fiduciaries).
  • Military facility: A U.S.-government-owned or -operated facility within the state used to provide logistical, technical, material, training, or other support to the U.S. military.
  • Protected land: Any land parcel with any portion located within 10 miles of a military facility.

Provisions and main requirements

  • Prohibition on acquisition: No foreign government or foreign person may acquire, purchase, or obtain any legal or beneficial interest in protected land on or after the bill’s effective date.
  • Existing ownership (grace period): Foreign governments or foreign persons who own an interest in protected land as of the effective date may continue to own that interest for up to five years after the effective date, but may not acquire any additional protected land after that date.
  • Sale/transfer requirement: Within five years after the effective date, any foreign government or foreign person with an interest in protected land must sell or convey the land (or interest) to a non-foreign entity (i.e., not a foreign government or foreign person).
  • Exceptions to the general prohibition:
    • (a) If land is acquired through a legal process involving debt collection, foreclosure, deed in lieu of foreclosure, contract for deed forfeiture, or the imposition of a lien or claim, the land may be transferred, but must subsequently be sold within two years to a non-foreign entity.
    • (b) Transfers by devise or descent, or through a bona fide encumbrance taken for security, are exempt from the prohibition.
  • Post-transfer obligations: Land acquired under the debt/foreclosure exception must be sold to a non-foreign entity within two years of title transfer.
  • Treaty exception: Provisions conflicting with a treaty between the United States and another country do not apply to foreign entities from that treaty-partner country.

Timeline and implementation

  • Effective date: Immediate (takes effect upon enactment).
  • Post-effective period for existing owners: Five-year window to divest.
  • Mandatory divestiture deadline for noncompliant ownership: Five-year divestiture period, with potential two-year post-transfer sale under debt-related exceptions.

Procedural status and actions

  • Current status: Introduced in the Senate on January 28, 2025; referred to Senate Internet/Technology committee (with related consideration in Senate State Government, Wagering, Tourism & Historic Preservation Committee).
  • Committee actions noted: Notices of consideration requested (March 21, 2025); reported and committed to Codes (May 5, 2025); some committee-related actions show as defeated in Internet and Technology on the same date.
  • Take effect: Immediate upon enactment.

Sponsorship and related measures

  • Sponsors: Primary sponsor Jake Ashby, with multiple cosponsors including Luis R. Sepúlveda, Patrick M. Gallivan, Mark Walczyk, George Borrello, Joseph A. Griffo, Dan Stec, William Weber, Andrew J. Lanza, Stephen T. Chan, Dean Murray, James Tedisco, Alexis Weik, Anthony H. Palumbo, Steve Rhoads, Pamela Helming, Peter Oberacker, among others.
  • Related bills: Companion measures include A 3946 and A 4781.

Potential impact and considerations

  • Aims to limit foreign ownership near U.S. military assets, potentially affecting real estate markets and foreign investment in areas near military facilities.
  • Provides a five-year divestiture period and clear sale timelines to non-foreign entities.
  • Includes debt-collection and devise/bona fide encumbrance exceptions to minimize disruption in certain transfer scenarios.
  • Contains a treaty-based carve-out for jurisdictions party to applicable treaties.
  • Requires monitoring and enforcement to ensure compliance with divestiture timelines and non-foreign ownership requirements.

Note: The analysis reflects the introduced text and reported committee actions to date; future amendments could alter definitions, timelines, or scope.

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

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