Missouri Code of State Regulations
Title 2 - DEPARTMENT OF AGRICULTURE
Division 110 - Office of the Director
Chapter 4 - Registration of Foreign-Owned Agricultural Land
Section 2 CSR 110-4.010 - Who Shall Register
Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This emergency amendment establishes new foreign owned agricultural land requirements required by the implementation of Executive Order 24-01.
EMERGENCY STATEMENT: This emergency amendment is necessary to serve the compelling government interest of ensuring the safety of all Missourians from foreign adversaries. The Director of the Department of Agriculture is mandated to approve foreign acquisitions of agricultural land in this state and Executive Order 24-01 further mandates that those potential owners who are citizens, residents, or incorporated under the laws of foreign adversary shall be denied the acquisition of agricultural land in this state if the land is within ten miles of certain military facilities. This emergency amendment is necessary to protect the state's security interests, especially at military installations. This emergency amendment protects the public health, safety, and welfare under a compelling governmental interest, which requires this emergency action. A proposed amendment, which covers the same material, is published in this issue of the Missouri Register. The scope of this amendment is limited to the circumstances creating the emergency and complies with the protection extend in the Missouri and United States Constitutions. The Department of Agriculture believes this emergency amendment is fair to all interest persons and parties under the circumstances. This emergency amendment was filed January 09, 2024, becomes effective January 24, 2024, and expires July 21, 2024.
(1) Any foreign person, as defined in section 442.592.1., RSMo, who has an accepted offer to purchase, acquire, or transfer any interest in agricultural land in Missouri, or who is notified that they are entitled to receive any interest in agricultural land in Missouri by grant, devise, descent, or otherwise, shall file a report with the director of the Department of Agriculture, PO Box 630, Jefferson City, MO 65102-0630, at least thirty (30) days prior to the date of the acquisition by sale, transfer, grant, devise, descent, or otherwise. Forms are available on the Missouri Department of Agriculture's website.
(2) In any instance where more than one (1) foreign person, as defined in section 442.592, RSMo, acquires or transfers any interest in any tract or parcel of Missouri agricultural land, each such foreign person shall file the report required.
(3) Reporting is not required when an interest in agricultural land is acquired or transferred by a foreign person or a foreign business for the sole purpose of extracting, refining, processing, or transporting oil, gas, coal, or lignite.
(4) If any foreign person or entity was obligated, under the provisions of Chapter 442, RSMo, to file a report with the director of the Department of Agriculture on any previous date and failed to do so, that foreign person or entity shall file the report required by this chapter within thirty (30) days (June 14, 1982) of the effective date of this rule (May 15, 1982).
