Powerful Kansas lobbyists came out in force against Senate Bill 446, a bill that would bar foreign nationals from owning 10 or more acres of land unless approved by a council created by the bill.
Kansas Attorney General Kris Kobach proposed the bill citing concerns about foreign countries pricing young farmers out of Kansas farmland, cartel-owned parcels used in the drug trade and the Chinese company Cnano creating a manufacturing plant in Johnson County.
The bill wouldn’t apply to foreign-born citizens or green card holders, but other residents or foreign companies would need an exemption when purchasing more than 3 acres.
The state’s largest lobbyists in agriculture, utilities, business and civil rights rose in opposition to the bill. The Kansas Farm Bureau, Livestock Association, Agribusiness Retailers Association, Corn Growing Association and Soybean Association all opposed the motion, citing its infringement on private property rights and existing laws prohibiting corporate farming.
There are anti-corporate farming laws. Not only can a foreign corporation from China or any other foreign country not own agricultural land in the state of Kansas, neither can an evil corporation from Nebraska,” said John Donley, a lobbyist with the Kansas Farm Bureau.
The Kansas Livestock Association said the rise in noncitizen ownership of land is in leases for renewable energy companies. Of the 1.2 million acres of foreign-owned land in the state, about 67,000 acres are used for things besides wind and solar farms.
The statewide Kansas Chamber of Commerce, several regional chambers and other business and economic development lobbies said the bill could impair foreign businesses from employing Kansans. Civil rights organizations said the bill could create discriminatory practices by the foreign land council.
The council itself would be made up of the attorney general, the governor, the secretary of state, the adjutant general and the director of the Kansas Bureau of Investigations. They would have sole authority over which foreign-owned companies would be given an exemption on purchases.
Kobach said the council would probably approve purchases from individuals or companies from allied nations but would oppose adversaries from buying land due to the security risk.
“The commission, as you can tell because it’s the adjutant general bringing in national defense information in, the KBI and the AG, it would be for security risks,” Kobach said. “So, obviously a plant for producing US manufactured automobiles or distributing automobiles owned by a foreign corporation would not pose any sort of risk and presumably would be approved.”
Despite pushback from lobbyists, Kobach stressed that nearly half of all states have some prohibitions on the acquisition of land by a foreign entity. He said SB 446 avoids issues other states make when doing similar legislation by making it a blanked decision against foreign ownership, rather than targeting it at specific countries that are deemed adversaries by U.S. Department of State.
Kobach said relying on official adversaries doesn’t address cartels, can change at the whims of the state department and is more prone to legal challenges claiming ethnic discrimination.
KBI supported the bill and said neighboring states have seen an increase in cartel-owned marijuana growing operations, and that they have classified information that would “shock” people but that they aren’t able to share.
“There are many things that we are aware of in law enforcement that we can’t share with you. So, I’m coming to you with trepidation saying we’re asking for your trust at some level,” said Robert Stuart, executive officer of KBI.
As reported in the Topeka Capital Journal
