•  
  •  
 

Publication Date

2-27-2026

Document Type

Comment

Abstract

Foreign ownership of U.S. agricultural land has risen significantly in recent years. From 2014 to 2023, the share of agricultural acres owned by foreign interests increased by 67%. Although the share of agricultural acres owned by foreign countries and interests only amounts to just over 3% of the total U.S. private farmland, the U.S. federal government and many states have passed laws to prohibit, restrict, limit, regulate or create requirements for foreign ownership of agricultural land and real property. As of 2025, twenty nine states have passed laws to regulate such foreign ownership.

This Comment outlines the regulations on foreign investment in U.S. agricultural land by foreign individuals and entities, including those totally or partially owned by foreign individuals. It provides an overview of the federal regulations and details the specific requirements imposed by each state that has enacted laws restricting foreign ownership of U.S. agricultural land. Section II on Federal Laws Regulating Foreign Ownership outlines the Agricultural Foreign Investment Disclosure Act of 1978, the Committee on Foreign Investment in the U.S. & the Foreign Investment Risk Review Modernization Act of 2018, the International Investment and Trade in Services Act, and the Foreign Investment in Real Property Tax Act of 1980. Section III on State Laws Restricting Foreign Ownership examines the state laws regulating foreign ownership of U.S. agricultural land in Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Minnesota, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, Wisconsin, and Wyoming. This Comment organizes state laws regulating foreign ownership of U.S. agricultural land into four categories: (A) Restrictions on Ownership based on Proximity or Land Type, (B) Prohibition of Ownership by Foreign Adversaries or by Designated Country, (C) Outright Prohibition on Foreign Ownership, and (D) Acreage Limitations.

Download

Share

COinS