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 110-4.010 - Who Shall Register

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This emergency amendment establishes new
				  foreign owned agricultural land 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 extend 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 09, 2024, becomes effective January 24, 2024, and expires
				  July 21, 2024.
(1) Any
				foreign person, as defined in section
				442.592.1., RSMo, who has an
				accepted offer to purchase, acquire, or transfer any interest in agricultural
				land in Missouri, or who is notified that they are entitled to receive any
				interest in agricultural land in Missouri by grant, devise, descent, or
				otherwise, shall file a report with the director of the Department of
				Agriculture, PO Box 630, Jefferson City, MO 65102-0630, at least thirty (30)
				days prior to the date of the acquisition by sale, transfer, grant, devise,
				descent, or otherwise. Forms are available on the Missouri Department of
				Agriculture's website.
(2) In any
				instance where more than one (1) foreign person, as defined in section
				442.592,
				RSMo, acquires or transfers any interest in any tract or parcel of Missouri
				agricultural land, each such foreign person shall file the report
				required.
(3) Reporting is not
				required when an interest in agricultural land is acquired or transferred by a
				foreign person or a foreign business for the sole purpose of extracting,
				refining, processing, or transporting oil, gas, coal, or lignite.
(4) If any foreign person or entity was
				obligated, under the provisions of Chapter 442, RSMo, to file a report with the
				director of the Department of Agriculture on any previous date and failed to do
				so, that foreign person or entity shall file the report required by this
				chapter within thirty (30) days (June 14, 1982) of the effective date of this
				rule (May 15, 1982).
*Original authority: 442.592, RSMo 1979, amended 1993,
					 1995.