Virginia · Va. Code §§55.1-507–55.1-509Virginia foreign adversary farmland ban: what land is covered and why a violating purchase is void

On and after July 1, 2023, no foreign adversary may acquire any interest in agricultural land in Virginia (Va. Code §55.1-508(A)). Agricultural land is real estate used or zoned in a way that would permit an agricultural operation – the bona fide production of crops, animals, fowl, fruits, vegetables, dairy, nursery products or timber – and an interest includes any direct or indirect right, title or interest in the land or in an entity that holds it, except an interest that doesn't give the ability to possess or occupy the land or direct the agricultural operation (§55.1-507). A foreign adversary is any foreign government or nongovernment person the U.S. Secretary of Commerce has determined to be one, as set forth in 15 C.F.R. §7.4 (§55.1-507). An acquisition in violation is void: title is deemed to have vested in the Commonwealth as of the date of the purported acquisition, without payment, and the foreign adversary can't claim restitution of the price; liens that attached remain valid but can't be foreclosed while the Commonwealth holds the interest (§55.1-508(B)). If the foreign adversary has already sold to someone who isn't a foreign adversary, that buyer's title is valid as if the violation hadn't happened (§55.1-508(C)). A local government attorney, the Attorney General, or a non-adversary party or later holder may sue in the circuit court to eject the foreign adversary, quiet title or ratify the nullification (§55.1-508(D)). The section isn't applied inconsistently with any U.S. treaty (§55.1-508(E)), and the Department of Agriculture and Consumer Services publishes an annual report on foreign-owned farmland (§55.1-509).