Montana · MCA 35-30-103Montana foreign adversary land restrictions: farmland, critical infrastructure and military line of sight

Montana Code Annotated 35-30-103, enacted in 2023, says a foreign adversary may not buy, lease or rent critical infrastructure, land used for agricultural production, or real property or a residence that has a direct line of sight to any part of a military installation from an entity provided for in Title 35, and may not enter into a contract with such an entity that results in the foreign adversary's control of agricultural production land or critical infrastructure in Montana (MCA 35-30-103(1)). A foreign adversary is any foreign government or foreign nongovernment person the U.S. Secretary of Commerce has determined to be a foreign adversary for the purposes of Executive Order 13873, a corporation domiciled or headquartered in a nation determined to be a foreign adversary, or a corporation in which a foreign adversary has a controlling interest (35-30-103(4)(c)). Agricultural production follows MCA 82-10-502 and includes homesteads with one or more acres of improvements; critical infrastructure follows MCA 82-1-601 (35-30-103(4)(a)–(b)). A foreign adversary that violates the section must divest its interest in the critical infrastructure or agricultural land within one year, after which the county sheriff may sell it at public auction; the attorney general or the county where the property is located may sue to enforce the section (35-30-103(2)–(3)).