Minnesota · Minn. Stat. §500.221Minnesota foreign ownership of agricultural land: who can buy, the 80% entity rule and the 30-day report

Minnesota's §500.221 covers agricultural land – land capable of producing crops, livestock, poultry, dairy or horticultural products, but not land zoned for a nonconforming nonagricultural use – and any interest in it, including a lease (Minn. Stat. §500.221, subd. 1). No natural person may acquire an interest in agricultural land unless the person is a U.S. citizen or a permanent resident alien, and no corporation, partnership, trustee or other entity may acquire one unless at least 80% of each class of stock, or 80% of the ultimate beneficial interest, is held by U.S. citizens or permanent resident aliens (subd. 2). A permanent resident alien is someone lawfully admitted for permanent residence who keeps their principal dwelling in the U.S. at least six months of every 12, or a treaty investor (E-2) who lives in Minnesota at least ten months of every 12, limited to dairy farming, up to 1,500 acres and three years unless waived (subd. 1). A permanent resident alien who buys must report to the commissioner of agriculture within 30 days of the purchase and file a residence statement every January (subd. 1a). The restrictions don't apply to land acquired by inheritance, as security, or in collecting a debt (to be disposed of within three years), or to treaty-protected citizens and several listed uses (subd. 2). An owner that loses its qualifying status must notify the commissioner within 30 days and divest within one year (subd. 2a). After an investigation, the commissioner can sue; land a court finds held in violation must be divested within one year – a covenant running with the title – or it's sold at public sale, though no title is invalid because of a former owner's alienage (subd. 3). Willfully failing to file the required reports is a gross misdemeanor (subd. 5).