Foreign ownership of U.S. agricultural land is receiving increased attention from lawmakers and regulators, with new proposals at both the federal and state levels that could significantly impact future land transactions. According to the National Agricultural Law Center, approximately 46 million acres—or 3.6% of privately held U.S. agricultural land—are under some form of foreign ownership, as reported through the Agricultural Foreign Investment Disclosure Act (AFIDA). Since 2021, states have accelerated efforts to restrict ownership by "foreign adversaries" or "countries of concern," while USDA is proposing updates that would modernize foreign land reporting and shift oversight to its Office of Homeland Security.
The article notes that evolving definitions of terms such as "beneficial owner," "acting in concert," and "foreign adversary-controlled entity" could create additional uncertainty for buyers, investors, and landowners. Experts expect greater scrutiny of farmland purchases, increased due diligence on ownership structures, and continued legal challenges as states and the federal government refine their policies. The issue is also expanding beyond land ownership to include agricultural contracts, research partnerships, and investment relationships.
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