North Dakota · N.D.C.C. ch. 47-10.1North Dakota foreign ownership of agricultural land: who can't buy and the exceptions

North Dakota's chapter 47-10.1 applies to agricultural land – land capable of producing crops, livestock, poultry, dairy or horticultural products – but not land zoned for a nonconforming nonagricultural use, minerals, or mineral-related easements and tracts (N.D. Cent. Code §47-10.1-01). An individual who isn't a U.S. citizen, a Canadian citizen or a U.S. permanent resident may not acquire any interest in agricultural land, directly or indirectly, unless all of a narrow set of conditions are met: a treaty investor status, residence in the state at least ten months a year, active participation in operating the land, a holding of no more than 640 acres, and a dairy operation; such an individual must notify the agriculture commissioner within 30 days of an acquisition (§47-10.1-02(1)–(2)). A partnership, LLC, trustee or other business entity may not acquire an interest in agricultural land unless its ultimate beneficial interest is held by U.S. citizens or permanent residents (§47-10.1-02(4)). After June 30, 2023, a foreign government – which excludes Canada – may not purchase, acquire or hold a governmental interest in agricultural land, apart from interests held before July 1, 2023 and research land of up to 160 acres held by a state-controlled enterprise (§47-10.1-02(8)–(9)). The restrictions don't apply to land acquired by inheritance, as security, or in collecting a debt (to be disposed of within three years), to certain industrial sites, or to treaty-protected citizens (§47-10.1-02(5)–(7)). If a court finds land held in violation in an attorney general action, the owner has one year to divest, as a covenant running with the land; a violation is a class A misdemeanor – but no title is invalid because of a former owner's alienage (§§47-10.1-04, 47-10.1-06).