Blog Post: More States Need Laws to Protect Farmland

Written By Test Test

American farmland is the backbone of the country. It is crucial not just for the sheer economic value, but also because of its critical role in ensuring the country’s food supply in tumultuous times. That national security interest warrants discussion on what threats our agricultural land faces and how we can guard against potential disruption.  

In recent years, foreign ownership of farmland has come under scrutiny, particularly when purchased by foreign nationals or companies linked to adversarial nations. China, for example, owns nearly 350,000 acres of American agricultural land, up over 80% from just three years prior.  As this purchasing blitz ramps up, the U.S. government is asleep at the wheel. At the federal level, the Committee on Foreign Investment in the United States (CFIUS) is authorized to review purchases of land around sensitive facilities such as airports, maritime ports, and military installations. Farmland, however, does not fall within that purview. 

That means that there is no federal protection from foreign governments like the Chinese Communist Party (CCP). In the absence of federal standards, states are stepping up to the plate. Because of the potential for disruption and the lack of federal statute or regulation governing foreign ownership of American farmland, the states in recent years have taken the lead in passing laws to safeguard our agricultural resources. 

What Have States Done? 

While a majority of states have either passed or are considering laws that restrict foreign entities from owning state land, some are not specific to agricultural land. North Carolina’s Regulatory Reform Act of 2024, for example, regulates foreign ownership of high purity quartz mines and associated lands, while SB 548 in West Virginia restricts certain foreign nationals from participating in public land auctions. 

 
 

Only 19 States Have Specific Laws to Protect Farmland 

Of the 19 states across the country with laws to protect farmland from foreign ownership, the vast majority of those laws were passed within the last two years. Pennsylvania law has capped the amount of agricultural land foreign nationals can own since 1980, and state lawmakers have since proposed expanding existing law. More recently in Arkansas, the state’s 2023 law restricting foreign ownership allowed state officials to force the divestment of agricultural land owned by Syngenta Seeds, whose parent company appears on a Department of Defense list of Chinese military companies. 

State laws restricting the foreign ownership of farmland have been enacted in recent years. Those laws include: 

This flurry of activity is a welcome sign that people are starting to take the threat to America’s food supply seriously. It is still not enough.   

Every State Should Enact Laws to Protect Farmland 

Today, 31 states lack clear protections against foreign governments purchasing American farmland. This includes seven of the ten largest agricultural states in America (California, Texas, Illinois, Minnesota, Kansas, North Carolina, and Missouri). It is imperative that more states around the country enact laws to protect our nation’s critical farmland.   

The Protecting America Initiative will continue to monitor state activity and identify where farmland is still at risk. We will also help educate citizens of states where lawmakers have failed to act. Residents of these states should demand that their governors and legislatures take action during their next legislative sessions.  

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