Another bill on foreign ownership of ag land in the state moving through legislature

PIERRE, S.D. — After a defeat in the Senate, another bill related to foreign ownership of agricultural land in South Dakota is moving forward in the state Legislature.

A bill sponsored by Republican Rep. Will Mortenson was passed by the Senate Agriculture and Natural Resources committee this week. According to Mortenson, HB-1189 will be the first step to more discussions and regulation of foreign ownership of ag land in the state.

The bill will not force foreign owners to dissolve ownership of ag land, but it would reinforce existing law that prohibits foreign ownership of more than 160 acres of ag land.

HB-1189 would require owners entities and foreign entities to disclose if they own agricultural land in the state. It would require entities to disclose if they have foreign beneficial owners. Mortenson said it closes loopholes in the existing law.

Last week, Gov. Kristi Noem’s SB-185 died in the Senate, with many ag organizations testifying against it in committee.

But representatives of pork producers, cattle producers and others spoke in support of HB-1189. They also said they were willing to discuss additional regulation on foreign ownership of agricultural land in the future.

Supporters said HB-1189 would provide valuable data about the level of foreign ownership of ag land in the state. As of Dec. 31, 2021, foreigners owned 1% of all ag land in the state, according to the U.S. Department of Agriculture (USDA). Most of the 1% is owned by Canadians or Canadian interests. The United Kingdom (88,843), Germany (27,551), Netherlands (4,300) and Italy (2,116) are also noted. China is not listed.

There was no testimony in opposition to the bill.

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