NH to restrict foreign adversaries from buying land near military sites

(The Center Square) — New Hampshire could become the latest state to ban China, Russia and other geopolitical adversaries from buying up land near sensitive military sites amid heightened national security concerns.

A proposal tucked into the $15.9 billion state budget would prohibit the sale of land to foreign interests and give the state the authority to seize property belonging to foreign companies or nationals within that boundary. The measure specifically lists China, Russia, Iran, Syria and North Korea as nations that would be prohibited.

Under the proposal, businesses and individuals buying or leasing property located within a 10-mile radius of a “protected facility” would be required to fill out an affidavit attesting they are not a “foreign agent” before the land deal is approved. Failure to submit a required affidavit could result in a $500 civil fine, according to the bill. The Attorney General’s office would be empowered to seize and resell any property in violation.

The proposal is based on a stand-alone bill filed by Sen. Regina Birdsell, R-Hampstead, who argues that allowing the Chinese government and other foreign adversaries to buy up land in the state creates security risks.

“We cannot have foreign governments encroaching on our land, especially near our military bases,” Birdsell said in recent testimony. “Our state is home to numerous companies that provide for our military, and they should not have to fear any Chinese intervention ending up in their backyard.”

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Companies with direct ties to China owned more than 350,000 acres of farmland in at least 27 states as of 2024, according to data from the U.S. Department of Agriculture.

It’s not clear from the data if any of the farmland is located in New Hampshire, but the state has several military installations, including Pease Air National Guard Base in Portsmouth, the Readiness Center of the 197th Artillery Brigade in Manchester and the Portsmouth Naval Shipyard.

The former Biden administration proposed a rule requiring any foreign company or individual looking to buy land within 100 miles of certain U.S. military bases to get government approval.

Concerns about China purchasing U.S. farmland near U.S. military installations have prompted congressional lawmakers to prohibit the transactions. A bill filed by Senate Republicans would prohibit the purchase of public or private land in the U.S. by Chinese citizens or companies. Agriculture Secretary Brooke Rollins is calling for action by the federal government to block foreign farm ownership, specifically entities with ties to the Chinese government.

Meanwhile, dozens of states have passed laws banning people from countries deemed national security threats from purchasing or acquiring property. On Monday, Texas Governor Greg Abbott became the latest, putting his signature on a bill that prohibits land ownership from individuals in countries identified as security risks, including China, Russia, Iran and North Korea.

But critics say the restrictions harken back to the “alien land” laws enacted by dozens of states in the early 20th century, limiting the land-ownership of newly arriving immigrants. Many of those targeted were Chinese immigrants.

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To be sure, final approval of New Hampshire’s budget is still up in the air after Gov. Kelly Ayotte rejected last-minute cuts made by legislative leaders and vowed to veto sections of the spending package unless changes are made to the plan.

On Tuesday, Ayotte called for a special session of the state Legislature to consider a resolution to keep the state government funded for the next 90 days while budget writers meet to negotiate a final two-year budget.

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