PRINTER'S NO. 1284
No. 1159 Session of 1981
INTRODUCED BY HONAMAN, WENGER, STUBAN, CALTAGIRONE, FREIND,
BRANDT, NOYE, HASAY, STEVENS, DeVERTER, SIRIANNI, BOWSER,
MILLER, WASS AND ARMSTRONG, APRIL 7, 1981
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 7, 1981
AN ACT
1 Amending the act of April 6, 1980 (No.39), entitled "An act
2 restricting the acquisition by certain aliens of an interest
3 in agricultural lands," further providing limitations on
4 aliens and providing a definition of alien and person.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 1 and 7, act of April 6, 1980 (No.39),
8 entitled "An act restricting the acquisition by certain aliens
9 of an interest in agricultural lands," are amended to read:
10 Section 1. [An] No alien[, who is not a resident of a state
11 or territory of the United States or of the District of
12 Columbia; and a] nor any foreign government shall [not] acquire
13 an interest in agricultural land, exceeding 100 acres, except
14 such as may be acquired by devise or inheritance, and such as
15 may be held as security for indebtedness. The provisions of this
16 section shall not apply to citizens, foreign governments or
17 subjects of a foreign country whose rights to hold land are
18 secured by treaty.
1 Section 7. [For purposes of this act, the term "agricultural
2 land" means land] The following words and phrases when used in
3 this act shall have, unless the context clearly indicates
4 otherwise, the meanings given to them in this section:
5 "Agricultural land." Land capable of use in the production
6 of agricultural crops, timber, livestock or livestock products,
7 poultry or poultry products, milk or dairy products, or fruit
8 and other horticultural products but does not include any
9 royalty interest, any oil, gas or other mineral interest, or any
10 lease, right-of-way, option or easement relating thereto, or any
11 land zoned by a local governmental unit for a use other than and
12 nonconforming with agricultural use.
13 "Alien." (1) Any individual:
14 (i) who is not a citizen or national of the United States;
15 or
16 (ii) who is not a resident of a state or territory of the
17 United States or of the District of Columbia;
18 (2) any person, other than an individual or a government,
19 which is created or organized under the laws of a foreign
20 government or which has its principal place of business located
21 outside of the United States; or
22 (3) any person, other than an individual or a government:
23 (i) which is created or organized under the laws of the
24 Commonwealth or any other state; and
25 (ii) in which a significant interest or substantial control
26 is directly or indirectly held:
27 (A) by any individual referred to in paragraph (1);
28 (B) by any person referred to in paragraph (2);
29 (C) by any foreign government; or
30 (D) by any combination of such individuals, persons or
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1 governments.
2 "Person." The term includes any individual, corporation,
3 company, association, firm, partnership, society, joint stock
4 company, trust, estate or any other legal entity.
5 Section 2. This act shall take effect immediately.
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