Under current law, the following persons generally are subject to the acreage
limit:
1. An alien not a resident of a state of the United States (nonresident alien).
2. A corporation that is not created under federal law or the laws of any state
(foreign entity).
3. A corporation, limited liability company, partnership, or association having
more than 20 percent of its stock, securities, or other indicia of ownership held or
owned by nonresident aliens or foreign entities (foreign-owned entity).
4. A trust having more than 20 percent of the value of its assets held for the
benefit of nonresident aliens or foreign entities (foreign beneficiary trust).
The bill specifies that the acreage limit also applies to a foreign government.
Divestiture period
Under current law, if a covered foreign person acquires an interest in
agricultural or forestry land that causes the foreign person to exceed the acreage
limit, the foreign person must divest itself of that interest. Specifically, the foreign
person must divest itself within four years after:
1. Acquiring the interest, if the foreign person is a nonresident alien or foreign
entity and the interest is acquired by devise, inheritance, or in the good faith
collection of debts by due process of law.
2. Acquiring the interest or becoming a foreign-owned entity or foreign
beneficiary trust, whichever is later, if the foreign person is a foreign-owned entity
or foreign beneficiary trust.

The bill reduces the divestiture period from four years to two years. The bill also
specifies that the divestiture requirement described under item 1. applies to a
foreign government.
Enforcement authority
Current law provides that the attorney general must enforce the limitations
and requirements related to the acquisition, ownership, and holding of agricultural
or forestry land by foreign persons. Among other things, current law provides that
interests in land acquired or held in violation of those limitations are forfeited to the
state. The bill transfers enforcement authority, including enforcement of the
forfeiture penalty, to DATCP.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB348,1 1Section 1. 710.02 (title) of the statutes is amended to read:
SB348,3,3 2710.02 (title) Limitation on nonresident aliens and corporations
3foreign ownership of agricultural and forestry land .
SB348,2 4Section 2. 710.02 (1) of the statutes is renumbered 710.02 (1r), and 710.02 (1r)
5(intro.), as renumbered, is amended to read:
SB348,3,96 710.02 (1r) Limitation. (intro.) The following persons may not acquire, own,
7or hold any interest, directly or indirectly, except an interest used to secure
8repayment of a debt incurred in good faith, in more than 640 50 acres of agricultural
9or forestry
land in this state:
SB348,3 10Section 3. 710.02 (1g) of the statutes is created to read:
SB348,3,1311 710.02 (1g) Definition. In this section, “agricultural or forestry land” means
12land that is classified as agricultural under s. 70.32 (2) (a) 4., agricultural forest
13under s. 70.32 (2) (a) 5m., or productive forest land under s. 70.32 (2) (a) 6.
SB348,4 14Section 4. 710.02 (1r) (d) of the statutes is created to read:
SB348,3,1515 710.02 (1r) (d) Foreign governments.
SB348,5
1Section 5. 710.02 (2) (intro.) of the statutes is amended to read:
SB348,4,32 710.02 (2) Exceptions. (intro.) Except as provided in sub. (3), sub. (1)
3Subsection (1r) does not apply to any of the following:
SB348,6 4Section 6. 710.02 (2) (a) of the statutes is amended to read:
SB348,4,75 710.02 (2) (a) Subject to sub. (5), any person acquiring an interest in
6agricultural or forestry land by devise, inheritance, or in the good faith collection of
7debts by due process of law.
SB348,7 8Section 7. 710.02 (2) (b) of the statutes is amended to read:
SB348,4,119 710.02 (2) (b) Citizens, foreign governments , or subjects of a foreign
10government whose rights to hold larger quantities of agricultural or forestry land are
11secured by treaty.
SB348,8 12Section 8. 710.02 (2) (d) to (g) of the statutes are repealed.
SB348,9 13Section 9. 710.02 (3) of the statutes is repealed.
SB348,10 14Section 10. 710.02 (4) (a) 2. of the statutes is amended to read:
SB348,4,1815 710.02 (4) (a) 2. If the interest in land is acquired, owned, or held under an
16exception set forth in sub. (2), a statement which that sets forth the specific exception
17and, if under sub. (2) (d), (e), (f) or (g), the timetable and plan for conversion and
18development to a purpose permitted under sub. (2) (d), (e), (f) or (g)
.
SB348,11 19Section 11. 710.02 (5) of the statutes is amended to read:
SB348,4,2320 710.02 (5) Divestiture. (a) Interests exceeding 640 in agricultural or forestry
21land in excess of 50
acres that are acquired by persons under sub. (1) (1r) shall be
22divested at the discretion of the holder to comply with sub. (1) (1r) within 4 2 years
23after:
SB348,4,2524 1. Acquiring the interest, if the interest is described under sub. (2) (a) and the
25person is subject to sub. (1) (1r) (a) or, (b), or (d).
SB348,5,2
12. Acquiring the interest or becoming subject to sub. (1) (1r) (c), whichever is
2later, if the person is subject to sub. (1) (1r) (c).
SB348,5,73 (b) Land Agricultural or forestry land subject to divestiture under par. (a) may
4not be managed to cause undue levels of soil erosion or to injure the long-range
5productivity of the agricultural or forestry land. The attorney general secretary of
6agriculture, trade and consumer protection
may bring an action to enjoin these those
7practices on the agricultural or forestry land.
SB348,12 8Section 12. 710.02 (6) of the statutes is amended to read:
SB348,5,129 710.02 (6) Forfeitures. Interests in lands agricultural or forestry land in
10excess of 640 50 acres that are acquired, owned, or held in violation of this section
11are forfeited to the state. The holder of the interest shall determine which
12agricultural or forestry lands are to be forfeited to comply with sub. (1) (1r).
SB348,13 13Section 13. 710.02 (8) of the statutes is amended to read:
SB348,5,1514 710.02 (8) Enforcement. The attorney general secretary of agriculture, trade
15and consumer protection
shall enforce this section.
SB348,14 16Section 14. 710.02 (9) of the statutes is renumbered 710.02 (9) (a) and
17amended to read:
SB348,5,2218 710.02 (9) (a) This section Section 710.02, 2021 stats., applies to interests in
19land acquired after July 1, 1982, and before the first day of the first month beginning
20after the effective date of this paragraph .... [LRB inserts date]
. No interest acquired
21before July 1, 1982, is subject to divestiture or forfeiture under this section s. 710.02,
222021 stats
.
SB348,15 23Section 15. 710.02 (9) (b) of the statutes is created to read:
SB348,6,324 710.02 (9) (b) This section applies to interests in land acquired on or after the
25first day of the first month beginning after the effective date of this paragraph ....

1[LRB inserts date]. No interest acquired before the first day of the first month
2beginning after the effective date of this paragraph .... [LRB inserts date], is subject
3to divestiture or forfeiture under this section.
SB348,6,44 (End)
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