Governor approves Georgia law to restrict farmland ownership by ‘foreign adversaries’

The governor has signed off on a controversial measure that bans agents of China and other countries labeled as foreign adversaries from buying up farmland or property near military installations in Georgia.

The legislation is part of a wave of similar bills that have moved through statehouses across the country in the wake of a 2021 federal report that found that foreign investors held about 40 million acres of U.S. agricultural land, or about 3% of the total amount.

Florida’s version, though, has been challenged in federal court and has been partially blocked while the case is being heard.

Supporters of Georgia’s bill say the law here was narrowly written to target bad actors and in hopes of avoiding a costly court challenge. They argue the prohibitions are needed to bolster national security at a time of rising global tensions.

“We cannot allow foreign adversaries to control something as critical to our survival as our food supply,” Gov. Brian Kemp said during a signing ceremony held Tuesday in Valdosta that was live streamed.

“Rest assured, Georgia will do everything in our power to prevent bad actors from threatening our national security,” he also said.  

Specifically, the bill bars foreign agents of countries that have been designated as a foreign adversary by the U.S. Secretary of Commerce from buying farmland or property within 10 miles of a military site. It does not apply to residential property.  

Anyone who violates the new law can be charged with a felony and fined up to $15,000 and sentenced to up to two years in prison. The law takes effect July 1.

The Senate sponsor, Dallas Republican Sen. Jason Anavitarte, also cited the Chinese spy balloon that was able to gather intelligence from several sensitive American military sites as reason for the measure. Anavitarte is a member of the Hispanic legislative caucus.

“The Chinese government essentially validated our longstanding suspicions of their willingness to undermine our national security, as evidenced by their deployment of spy balloons over military installations just last year,” Anavitarte said in a statement last month.

The bill was bitterly debated during this year’s legislative session. Critics argued the bill included puzzling exemptions – including one for people conducting agricultural research – and said it would leave real estate firms cautious to do business with people who appear to be of Asian descent.

Several members of Georgia’s Asian Americans and Pacific Islanders legislative caucus spoke out against the bill during the session.

“Any potential security benefit this bill may bring is greatly outweighed by the potential irreparable harm and racial discrimination that may result against American citizens of Asian and Hispanic descent,” Rep. Sam Park, a Lawrenceville Democrat who serves as minority caucus whip, said last month.

Those concerns remain.

“These land ban laws label our communities as untrustworthy, blame them for the actions of another country’s government, and stoke the flames of racism, xenophobia and hate,” Cynthia Choi, co-founder of Stop AAPI Hate, said in a statement Tuesday.

“There is a growing coalition of Asian Americans in Georgia and across the country that are fighting these land bans, and we will continue to mobilize to protect our rights. Georgia is not alone in this fight.”