The Committee on Judiciary proposes the following amendment (LC-3408.SA0001H):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Chapter 1, Title 27 of the S.C. Code is amended by adding:Section 27-1-80. (A) For the purposes of this section:
(1) "Agricultural land" means real estate in South Carolina used or zoned in a manner that would permit the use of the real estate for an agricultural operation.
(2) "Agricultural operation" means any operation devoted to the bona fide production of crops, animals, or fowl, including the production of fruits and vegetables of any kind; meat, dairy, and poultry products; nuts, tobacco, nursery, and floral products; and the production and harvest of products from silvicultural activity.
(3) "Department" means the South Carolina Department of Agriculture.
(4) "Foreign adversary" means any foreign government or nongovernment person determined by the U.S. Secretary of Commerce to have engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States or security and safety of United States persons, as set forth in 15 C.F.R. � 791.4 or such successor regulation, declaration, or statute as may exist from time to time.
(5)(a) "Interest in agricultural land" means any right, title, or interest, direct or indirect, in and to:
(i) agricultural land; or
(ii) any entity or other organization that holds any right, title, or interest, direct or indirect, in and to agricultural land.
(b) For purposes of this item, any interest that taken on its own or together with any other interest held in common or under common control does not give the holder of the interest the ability to possess or occupy the agricultural land in any manner or the power or authority to direct the conduct of the agricultural operation being conducted on the agricultural land, shall not be deemed an "interest in agricultural land" for purposes of this section.
(B). Notwithstanding any other provision of law, in order to protect the health, safety, and welfare of all citizens of the state, on and after July 1, 2026, no foreign adversary shall acquire any interest in agricultural land in South Carolina.
(C) Any acquisition of any interest in agricultural land in violation of this section is void, and title to such interest in agricultural land is considered to be vested as of the date of such purported acquisition in the name of this State without any payment of consideration of any kind by this State. The foreign adversary purporting to acquire such interest in agricultural land is barred from making a claim against any party for restitution of the purchase price paid by such foreign adversary in connection with the interest in agricultural land or for any other kind of payment relating to the foreign adversary's loss or lack of title to the interest in agricultural land. Any lien that has attached to the interest in agricultural land during the foreign adversary's purported acquisition or ownership remains a valid lien against the interest during such time as the interest is held by this State except that such lien may not be subject to foreclosure during the period of this State's ownership, nor may this State be subject to the terms of any agreement giving rise to the lien. This State may hold or dispose of such interest in agricultural land in any proper manner.
(D). Notwithstanding the provisions in subsection (C), if the foreign adversary has subsequently sold or transferred the interest in agricultural land to a person or entity that is not a foreign adversary, title to such interest in agricultural land shall be vested in the subsequent non-foreign adversary purchaser or transferee and is valid as if the purported acquisition of such interest in agricultural land by a foreign adversary has not occurred.
(E)(1) If an interest in agricultural land has been acquired in violation of this section, a county, city, or town attorney for the locality in which the agricultural land is located, the Attorney General, or any non-foreign adversary person that was a party to the void transaction or is a subsequent holder of such interest may file an action:
(a) to eject the foreign adversary from possession;
(b) to quiet title to such property; or
(c) for any other appropriate action to ratify the nullification of the transaction.
(2) Any action brought pursuant to this subsection shall be filed in the circuit court where the subject property is located.
(F). This section shall not be applied in a manner inconsistent with any provision of any treaty between the United States and another country.
SECTION 2. This act takes effect upon approval by the Governor and first applies after July 1, 2026.
Renumber sections to conform.
Amend title to conform.