Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 110 - Office of the Director › Chapter 4 - Registration of Foreign-Owned Agricultural Land › Section 2 CSR 110-4.040 - Procedure for Filing

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This emergency amendment establishes new
				  foreign owned agricultural land registration requirements required by the
				  implementation of Executive Order 24-01.
EMERGENCY STATEMENT: This emergency amendment is
				  necessary to serve the compelling government interest of ensuring the safety of
				  all Missourians from foreign adversaries. The Director of the Department of
				  Agriculture is mandated to approve foreign acquisitions of agricultural land in
				  this state and Executive Order 24-01 further mandates that those potential
				  owners who are citizens, residents, or incorporated under the laws of foreign
				  adversary shall be denied the acquisition of agricultural land in this state if
				  the land is within ten miles of certain military facilities. This emergency
				  amendment is necessary to protect the state's security interests, especially at
				  military installations. This emergency amendment protects the public health,
				  safety, and welfare under a compelling governmental interest, which requires
				  this emergency action. A proposed amendment, which covers the same material, is
				  published in this issue of the Missouri Register. The scope of this amendment
				  is limited to the circumstances creating the emergency and complies with the
				  protection extended in the Missouri and United States Constitutions. The
				  Department of Agriculture believes this emergency amendment is fair to all
				  interest persons and parties under the circumstances. This emergency amendment
				  was filed January 9, 2024, becomes effective January 24, 2024, and expires July
				  21, 2024.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in this rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule is printed here.
(1) A report upon forms, which are available
				on the Missouri Department of Agriculture's website, shall be filed at least
				thirty (30) days prior to the date of acquisition by sale, transfer, grant,
				devise, descent, or otherwise of any interest in agricultural land in Missouri
				by any foreign person, as that term is defined in section
				442.592.1., RSMo.
(2) These reports shall be submitted to the
				Missouri Department of Agriculture, PO Box 630, Jefferson City, MO 65102-0630
				and shall be completed in full. Failure to complete the required form timely
				could result in a delay in determining whether the acquisition is in violation
				of state law.
(3) Each copy of the
				report shall be signed personally by the individual foreign person holding a
				potential interest in the agricultural land or by the legally authorized
				representative of that foreign person. If the reports are signed by the legally
				authorized representative of a foreign person, there shall be attached an
				appropriate document designating the individual signing as the authorized
				representative of the foreign person in question.
(4) The report required by this rule shall
				contain the following information in the appropriate spaces provided on the
				form:
(A) The legal name and address of the
				foreign person;
(B) In any case in
				which the foreign person is an individual, the citizenship of the foreign
				person;
(C) In any case in which
				the foreign person is not an individual or a government-
1. The nation in which the foreign person is
				created or organized; and
2. The
				legal name and address of each person or entity who holds any interest
				comprising five percent (5%) or more of the foreign person, directly or
				indirectly, through other persons or entities; and in any case in which the
				holder of the interest is an individual, the citizenship of the holder and in
				any case in which the holder of the interest is not an individual or a
				government, the nation in which the holder is created or organized and the
				principal place of business of the holder;
(D) Whether any potential interest holder is
				a citizen or resident of, or is incorporated under the laws of a foreign
				adversary as determined by Title 15, Code of Federal Regulations, Section
				7.4, published January 19, 2021,
				herein incorporated by reference and made a part of this rule, as published by
				the United States Publishing Office, 732 N. Capital St NW, Washington DC,
				20402-0001, phone: toll free (866) 512-1800, DC area (202) 512-1800, website:
http://bookstore.gpo.gov
;
(E) The type of interest in the agricultural
				land that is acquired or transferred by the foreign person;
(F) An exact legal description of the agricultural
				land, comporting with all requirements for recordation of title and including
				the county(ies) in which the land is located and the total acreage involved and
				any knowledge regarding whether or not the potential land acquisition is
				located within ten (10) miles of a military facility in this state;
(G) The purchase price paid or received for
				or any other consideration given or received for the interest as well as
				whether the potential land acquisition will utilize or involve any state or
				local government financial assistance or financing mechanisms;
(H) A declaration of the intended activity on
				the potential land by the reporting foreign person;
(I) In the case where any foreign person
				acquires an interest in agricultural land for the purposes outlined in section
				442.591, RSMo, a declaration of
				the intended use of the land, which declaration shall be supplemented by
				submitting in writing to the director of the Department of Agriculture an
				amended declaration each time the intended use of all or a portion of the land
				changes;
(J) Whether the foreign
				person currently owns any land in the state of Missouri, and if so, the
				specific locations of current ownership; and
(K) Any other information the Director of the
				Missouri Department of Agriculture deems necessary to comply with state law and
				executive order.