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 110-4.020 - Interest Defined

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 extended 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 9, 2024, becomes effective January 24, 2024, and expires July 21, 2024.

(1) Interest, as used in 2 CSR 110-4.010(1) and (2), shall be defined as all interests acquired, transferred, or held in agricultural lands by a foreign person, except-

(A) Leaseholds of less than ten (10) years;

(B) Contingent future interests;

(C) Noncontingent future interests which do not become possessory upon the termination of the present possessory estate; and

(D) Surface or subsurface easements and rights-of-way used for a purpose unrelated to agricultural production.

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