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House Engrossed Senate Bill
designated countries; land ownership; prohibition |
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State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
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SENATE BILL 1109 |
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An Act
amending title 33, chapter 4, article 3, Arizona Revised Statutes, by adding section 33-443; relating to property conveyances and deeds.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 33, chapter 4, article 3, Arizona Revised Statutes, is amended by adding section 33-443, to read:
33-443. Prohibition against land ownership; People's Republic of China; enforcement; exceptions; definitions
A. Notwithstanding any other law and except as provided in subsection F of this section, the people's republic of china may not purchase, own, acquire by grant or devise or have a substantial interest in real property in this state.
B. The attorney general shall enforce this section. if the attorney general reasonably suspects a violation of this section occurred, the attorney general shall commence an action in superior court in the county in which the real property is located.
C. If the superior court finds that title or a substantial interest in real property was obtained in violation of subsection A of this section, the court shall enter an order:
1. Stating the court's findings.
2. Divesting the person's interest.
3. Directing the board of supervisors to sell the real property in a manner that is consistent with title 42, chapter 18, article 7, except that the board of supervisors shall distribute the remaining proceeds after paying taxes, interests, penalties, fees and costs in the following order of priority:
(a) To any valid lienholder for the value of the lienholder's outstanding lien that is attached to the real property.
(b) To the appropriate county treasurer and the attorney general to reimburse the attorney general and the appropriate board of supervisors for expenses incurred in the prosecution of a violation of this section.
(c) To the property owner in an amount equal to the remaining proceeds of the sale, if any.
D. A title insurer, title agent, escrow agent or real estate licensee may not be held liable for any violation of this section.
E. A violation of this section may not be the basis for a title insurance claim for any title insurance policy issued for property in this state.
f. the People's Republic of China may acquire real property or any interest in real property in this state by devise or descent, the enforcement of security interests or the collection of debt, if the People's Republic of China sells, transfers or otherwise divests from the real property within three years after acquiring the real property.
g. For the purposes of this section:
1. "People's republic of china" means either of the following:
(a) a wholly STATE-OWNED enterprise of the People's Republic of CHina.
(b) The government of the People's republic of china or any administrative subdivision of the People's republic of china.
2. "Substantial interest" means an ownership interest of thirty percent or more.
Sec. 2. Legislative findings
The legislature finds:
1. This act is necessary to protect this state from global security threats and halt or reverse the influence operation of the Chinese Communist Party that poses a risk to the national security of the United States.
2. This act is necessary to protect the critical infrastructure of this state.
3. This act's protection of this state's military, commercial and agricultural assets from foreign espionage and sabotage will place this state in a significantly stronger position to withstand national security threats.
4. This act is necessary to protect this state's F-35 equipment and technology and the F-35's squadron's critical mission to protect our national security.