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HB 1680

Protecting intercounty rural library districts' ability to fund public library services through exclusion from tax increment financing apportionment.

2023-2024 Regular Session Introduced by Joel Kretz

Restricts land ownership/leases by foreign-party-controlled entities in Arkansas near critical infrastructure; requires divestiture in 1 year or court-ordered sale.

By resolution, reintroduced and retained in present status.
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Bill Summary · HB 1680

HB 1680 — Summary (Arkansas, 95th General Assembly, Regular Session 2025)

Note: The provided materials combine records from multiple jurisdictions and different HB1680s. The bill text summarized below corresponds to the Arkansas 95th General Assembly version (engrossed H3/31/25) addressing foreign ownership and leasing of real and agricultural land. The metadata you supplied lists the bill status as “Died In Committee”; there are conflicting procedural entries in the file. Verify current status with the Arkansas Legislative Council or Secretary of State for final disposition.

Purpose / Intent

To restrict land ownership and leasing by entities controlled by certain foreign parties, to define “critical infrastructure,” and to prohibit prohibited foreign parties from holding interests in agricultural land within a specified radius of critical infrastructure — with enforcement provisions requiring divestiture or judicial sale.

Key provisions and changes

  • Definitions

    • “Controlling interest”: 50% or more ownership (aggregate).
    • “Critical infrastructure”: broadly defined to include physical or virtual systems that, if disabled, would have debilitating effects on security, national economic security, public health or safety; explicitly lists examples such as military installations, emergency services, power generation/transmission, utilities, bridges, tunnels, railways, dams, cybersecurity/classified information storage systems, and communications/IT nodes or facilities.
    • “Prohibited foreign party”: defined by cross-reference to § 18-11-802 (and further clarified by an adopted amendment to exclude persons who are also U.S. citizens from certain ITAR-based designations).
    • “Prohibited foreign-party-controlled business”: any legal entity whose controlling interest is owned by a prohibited foreign party.

  • Prohibitions

    • A prohibited foreign-party-controlled business may not acquire — by grant, purchase, lease, devise, descent, or otherwise — any interest in public or private land in Arkansas.
    • Such a business may not lease any interest in land in the state (adds leasing prohibition to existing acquisition prohibition).
    • No party may hold or retain public or private land as an agent, trustee, or other fiduciary for a prohibited foreign-party-controlled business in violation of the section.
    • A prohibited foreign party may not hold any interest in agricultural land located within a ten-mile radius of critical infrastructure.

  • Enforcement and remedies

    • Entities violating the prohibition must divest the land. The bill shortens the divestiture period from two years to one year.
    • If divestiture does not occur, the Attorney General must commence an action in circuit court; the court shall order judicial foreclosure sale of the land held in violation.
    • Sale proceeds go first to lienholders in priority (except liens required to remain under sale terms).
    • The Attorney General must record notice of pendency and any court order for sale in local land records.

  • Clarifications to agricultural definitions (§ 18-11-802)

    • Confirms what constitutes “agricultural land” (outside municipal limits, used for forestry, farming, ranching, timber — with specific acreage and gross receipts thresholds).
    • Expands/clarifies “interest in agricultural land” to include leases of one year or longer (or renewable options that sum to one year).

Who would be affected

  • Foreign individuals, governments, or entities designated as “prohibited foreign parties.”
  • Businesses whose controlling interest (≥50%) is owned by a prohibited foreign party.
  • Owners and prospective buyers/lessors of agricultural land within ten miles of listed critical infrastructure.
  • Local registrars / land records, the Arkansas Attorney General, and circuit courts (for enforcement and judicial sale proceedings).
  • Lienholders on affected properties (priority rules for sale proceeds).

Timeline, procedural notes, and recommendations

  • The bill reduces the mandatory divestiture period from two years to one year.
  • Provided materials show conflicting legislative action records and references to other states’ HB1680s. The metadata included by the requester lists the bill as “Died In Committee.” Confirm the current official status and final enactment (if any) with the Arkansas legislative website or the Secretary of State’s office before relying on the bill as law.

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

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