wa-law.org > bill > 2025-26 > HB 1999 > Original Bill
Except as provided in section 2 of this act, any alien may acquire and hold lands, or any right thereto, or interest therein, by purchase, devise, or descent; and he or she may convey, mortgage, and devise the same, and if he or she shall die intestate, the same shall descend to his or her heirs, and in all cases such lands shall be held, conveyed, mortgaged, or devised, or shall descend in like manner and with like effect as if such alien were a native citizen of this state or of the United States.
Notwithstanding any other provision of law, in order to protect the health, safety, and welfare of all citizens of Washington, on and after July 1, 2025, no foreign adversary shall acquire any interest in agricultural land in this state.
Any acquisition of any interest in agricultural land in violation of this section shall be void, and title to such interest in agricultural land shall be deemed to have vested as of the date of such purported acquisition in the name of the state of Washington without any payment of consideration of any kind by the state. The foreign adversary purporting to acquire such interest in agricultural land shall be barred from making a claim against any party for restitution of the purchase price paid by such foreign adversary in connection with such interest in agricultural land or for any other kind of payment relating to the foreign adversary's loss or lack of title to such interest in agricultural land. Any lien that has attached to such interest in agricultural land during the foreign adversary's purported acquisition or ownership shall remain a valid lien against the interest during such time as the interest is held by the state except that such lien shall not be subject to foreclosure during the period of the state's ownership nor shall the state be subject to the terms of any agreement giving rise to the lien. The state may hold or dispose of such interest in agricultural land in any lawful manner.
Notwithstanding the provisions in subsection (2) of this section, if the foreign adversary has subsequently sold or transferred the interest in agricultural land to a person or entity that is not a foreign adversary, title to such interest in agricultural land shall be vested in the subsequent nonforeign adversary purchaser or transferee and shall be valid as if the purported acquisition of such interest in agricultural land by a foreign adversary had not occurred.
If an interest in agricultural land has been acquired in violation of this section, a county, city, or attorney for the locality in which the agricultural land is located, the attorney general, or any nonforeign adversary person that was a party to the void transaction or is a subsequent holder of such interest may file an action: (a) To eject the foreign adversary from possession; (b) to quiet title to such property; or (c) for any other appropriate action to ratify the nullification of the transaction. Any action brought pursuant to this subsection must be filed in the superior court for the county where the subject property is located.
This section shall not be applied in a manner inconsistent with any provision of any treaty between the United States and another country.
Based on the reports submitted pursuant to the federal agricultural foreign investment disclosure act, 7 U.S.C. Sec. 3501 et seq., and other information the department, at its discretion, deems appropriate, the department shall compile an annual report in consultation with any other state agency or board it deems appropriate, for each calendar year, containing all of the following information, if available:
The total amount of agricultural land in Washington, and within each county, that is under foreign ownership;
The percentage change in foreign ownership of agricultural land in Washington, and within each county, for each year over the prior 10 years;
The purpose for which foreign-owned agricultural land in Washington is being used currently. To the extent such information is available, the department shall also include any significant recent changes or trends in the uses of foreign-owned agricultural land in Washington; and
Any legislative, regulatory, or administrative policy changes the department recommends in light of the information in this report.
The department shall publish its inaugural report pursuant to subsection (1) of this section on its website no later than July 1, 2025, and each subsequent report no later than July 1st of each following year. The department shall also provide copies of such report to the governor, the chair and ranking minority member of the house of representatives agriculture and natural resources committee, or its successor committee, and the chair and ranking minority member of the senate agriculture, water, natural resources and parks committee, or its successor committee.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Agricultural land" means land used for forestry production and land currently used for, or, if currently idle, land last used within the past five years, for farming, ranching, or timber production, except land not exceeding 10 acres in the aggregate, if the annual gross receipts from the sale of the farm, ranch, or timber products produced thereon do not exceed $1,000. Farming, ranching, or timber production includes, but is not limited to, orchards and cattle feed lots, and all activities set forth in the standard industrial classification manual (1987), division A, exclusive of industry numbers 0711-0783 and 0851. Land used for forestry production means, land exceeding 10 acres in which 10 percent is stocked by trees of any size, including land that formerly had such tree cover and that will be naturally or artificially regenerated.
"Department" means the Washington department of agriculture.
"Foreign adversary" means any foreign government or nongovernment person determined by the United States secretary of commerce to have engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States or security and safety of United States persons, as set forth in 15 C.F.R. Sec. 7.4 or such successor regulation, declaration, or statute as may exist from time to time.
"Interest in agricultural land" means any right, title, or interest, direct or indirect, in and to: (a) Agricultural land; or (b) any entity or other organization that holds any right, title, or interest, direct or indirect, in and to agricultural land. For purposes of this definition, any interest that taken on its own or together with any other interest held in common or under common control does not give the holder of the interest the ability to possess or occupy the agricultural land in any manner or the power or authority to direct the conduct of the agricultural operation being conducted on the agricultural land, shall not be deemed an interest in agricultural land for purposes of this chapter.
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.