Section 442.571

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY

Chapter 442

Effective - 28 Aug 2015, 2 histories   

  442.571.  Aliens or foreign business, limitations on owning agricultural land — violation — acquisitions submitted to department, when — rulemaking authority. — 1.  Except as provided in sections 442.586 and 442.591, no alien or foreign business shall acquire by grant, purchase, devise, descent or otherwise agricultural land in this state if the total aggregate alien and foreign ownership of agricultural acreage in this state exceeds one percent of the total aggregate agricultural acreage in this state.  A sale or transfer of any agricultural land in this state shall be submitted to the director of the department of agriculture for review in accordance with subsection 3 of this section only if there is no completed Internal Revenue Service Form W-9 signed by the purchaser.  No person may hold agricultural land as an agent, trustee, or other fiduciary for an alien or foreign business in violation of sections 442.560 to 442.592, provided, however, that no security interest in such agricultural land shall be divested or invalidated by such violation.

  2.  Any alien or foreign business who acquires agricultural land in violation of sections 442.560 to 442.592 remains in violation of sections 442.560 to 442.592 for as long as he or she holds an interest in the land, provided, however, that no security interest in such agricultural land shall be divested or invalidated by such violation.

  3.  Subject to the provisions of subsection 1 of this section, such proposed acquisitions by grant, purchase, devise, descent, or otherwise of agricultural land in this state shall be submitted to the department of agriculture to determine whether such acquisition of agricultural land is conveyed in accordance with the one percent restriction on the total aggregate alien and foreign ownership of agricultural land in this state.  The department shall establish by rule the requirements for submission and approval of requests under this subsection.

  4.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2014, shall be invalid and void.

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(L. 1978 S.B. 685 § 3, A.L. 2013 S.B. 9, A.L. 2015 S.B. 12)

(1995)  Where alien owner of farmland who owned farmland on effective date of statute wishes to devise, deed, transfer or otherwise dispose of farmland to his two sons, who are also aliens, grandfather clause of statute provided alien with legally-protected interest in farmland.  By excluding aliens from the class of potential grantees, Missouri statute limits right of owner to dispose of land.  Statute invades one of the recognized incidents of property ownership.  Von Kerssenbrock-Praschma v. Saunders, 48 F.3d 323 (8th Cir.).

(1997) Statute is rationally related to a legitimate state interest and is not unconstitutional.  Von Kerssenbrock-Praschma v. Saunders, 121 F.3d 373 (8th Cir.).