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Texas draws its red line with 'strongest law' to keep land out of hostile hands

The legislation comes amid growing concerns about foreign ownership of U.S. land
PUBLISHED 4 DAYS AGO
Texas lawmakers cite cases such as a retired Chinese general purchasing over 140,000 acres.
Texas lawmakers cite cases such as a retired Chinese general purchasing over 140,000 acres.

Austin, Texas: Texas legislators have taken a major step toward enacting what they call the nation’s strongest law to prevent hostile foreign powers from acquiring land in the state. The Texas House has given final approval to Senate Bill 17 (SB17), a measure designed to block governments and entities tied to countries identified as national security threats-specifically China, Russia, Iran, and North Korea-from purchasing real estate in Texas.

The legislation comes amid growing concerns about foreign ownership of U.S. land, particularly near military installations and other strategic assets. Recent reports from the U.S. Department of Agriculture show that Chinese entities alone own nearly 400,000 acres across 29 states, including more than 100,000 acres near U.S. military bases.

Texas lawmakers cite cases such as a retired Chinese general purchasing over 140,000 acres near Laughlin Air Force Base as evidence of the potential risks.

State Rep. Cole Hefner and State Sen. Lois Kolkhorst, who championed the bill, argue that SB17 is a model for the rest of the country. “This bill is about actions and affiliations, not race, not nationality,” Hefner said. “If you're acting on behalf of a hostile foreign adversary, we're going to take that land back”.

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Kolkhorst emphasized that the legislation is rooted in the federal government’s annual threat assessment, which has consistently listed China, North Korea, Iran, and Russia as threats for nearly a decade.

Under SB17, entities and individuals affiliated with governments designated as national security threats-based on the U.S. Director of National Intelligence’s annual assessments-are prohibited from purchasing Texas real estate if those purchases pose risks to public health or safety. The law covers agricultural, commercial, industrial, and residential land, as well as natural resources like mines and timber.

The bill grants the Texas attorney general the authority to investigate suspicious land transactions, block them, and even seek court-ordered divestment if a violation is found. A complaint process will allow citizens to report concerns, triggering an investigation that could lead to the land being placed under receivership and ultimately sold if it is determined to be owned in violation of the law.

SB17 includes exemptions for U.S. citizens, lawful permanent residents, and property intended as a personal homestead. However, amendments passed in the House have narrowed the scope of the ban. For instance, individuals from designated countries are only restricted if they are not lawfully present and residing in the United States at the time of the transaction, which some critics argue could create loopholes. Additional amendments allow the governor to expand the list of banned countries and restore criminal and civil penalties for violations.

The bill has sparked heated debate, with some lawmakers and activists expressing concerns that it could be seen as xenophobic or discriminatory. Both Hefner and Kolkhorst have pushed back strongly against these claims, insisting that the law targets actions by foreign adversaries, not individuals based on ethnicity or nationality.

“This has nothing to do with skin color or ethnicity,” Hefner stated. “It's about protecting Texans and Americans from foreign espionage and influence”.

Despite the controversy, SB17 passed the House by a vote of 85-60 and now returns to the Senate for consideration of the House amendments. 

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