Dossier · Real estate · Multi-state
State foreign-ownership land laws now look through the LLC, and North Carolina's starts April 1, 2027
- Status
- Open, tracking
- Next deadline
- April 1, 2027 (147 days)North Carolina S.L. 2026-54 takes effect. Covered parties that already hold farmland or land near military installations must register with the Secretary of State.
- Last verified
- October 29, 2026
- Entries
- 6
A real estate LLC can become a prohibited buyer because of who sits in its cap table. Florida bars any entity in which a covered person from China holds a controlling interest from acquiring Florida real property. Texas reaches companies majority owned or controlled by individuals tied to China, Iran, North Korea or Russia. North Carolina, from April 1, 2027, counts a single covered holder of 33%, or covered holders of 50% in aggregate, as enough to taint the entity.
These laws do not stop at the investor. When the LLC is the prohibited buyer, the property itself is at risk: Florida provides forfeiture and a $1,000-a-day penalty for late registration, and Texas lets the Attorney General bring an in rem action to force a sale.
When a covered foreign person controls the LLC, the LLC is the prohibited buyer, and the property is what gets forfeited or sold.
Where the law stands
Florida’s SB 264 is fully enforceable. A divided Eleventh Circuit panel ruled against the challengers in November 2025, and the plaintiffs dismissed their case on December 30, 2025. Texas SB 17 took effect September 1, 2025. The Texas Attorney General proposed implementing rules in March 2026 and revised them in October 2026; the revision is reported to treat any managing member, general partner, officer or 10% voting holder as a controller. Those rules are still proposed. North Carolina’s act was approved July 7, 2026 and covers farmland and land near military installations.
Other states moved too: West Virginia bars foreign-adversary-controlled businesses from owning any interest in its real estate, Louisiana’s 2026 act covers land near military installations from August 1, 2026, and Arizona’s 2026 law lowered its covered-interest threshold from 30% to 15%. Indiana’s and Tennessee’s 2026 measures are reported by secondary sources and not yet confirmed on official pages.
The structuring consequence
Subscription agreements, transfer restrictions and buyer affidavits now have to screen for citizenship and domicile, not just accreditation. A syndicator who admits a covered investor as a large member, or gives a covered person manager or general partner control, can turn the acquiring LLC into a prohibited buyer. The operating agreement should block any transfer that would cross a state’s threshold and give the manager a forced-redemption right.
Timeline
-
Texas revises its SB 17 rules to treat any managing member or 10% voting holder as a controller
The revised proposal widens the definition of control, covers post-closing transfers among affiliates and authorizes planning for a voluntary portal for holdings acquired before September 2025. The rules remain proposed.
Reported by: Greenberg Traurig · Verified Oct 29, 2026
-
North Carolina makes a 33% covered stake enough to bar an entity from farmland and land near bases
Governor Stein approved H133, S.L. 2026-54. From April 1, 2027, prohibited foreign parties, including entities with a 33% covered owner or 50% in aggregate, may not acquire covered land, and existing holders must register with the Secretary of State.
Primary source: North Carolina General Assembly, H133 · Verified Oct 29, 2026
-
The Texas Attorney General proposes rules requiring deal participants to report suspected SB 17 violations
The proposed rules set investigative procedures and require transaction facilitators, including lenders, title insurers and agents, to report suspected violations.
Primary source: Texas Attorney General · Verified Oct 29, 2026
-
The Shen plaintiffs drop their challenge, leaving Florida's law fully enforceable
The plaintiffs voluntarily dismissed all claims without prejudice in the Northern District of Florida. No Supreme Court petition was pursued.
Primary source: Shen v. Simpson, notice of voluntary dismissal · Verified Oct 29, 2026
-
The Eleventh Circuit lets Florida's SB 264 stand, 2 to 1
A divided panel in Shen v. Simpson held no plaintiff had standing to challenge the purchase ban and that the registration and affidavit requirements were likely constitutional. The ruling ended the partial injunction two plaintiffs had won in February 2024.
Reported by: National Agricultural Law Center · Verified Oct 29, 2026
-
Texas enacts SB 17, barring land purchases by entities tied to China, Iran, North Korea and Russia
SB 17 was signed June 20, 2025 and took effect September 1, 2025. It covers companies majority owned or controlled by covered individuals and lets the Attorney General seek divestiture through an in rem action, with civil penalties of the greater of $250,000 or 50% of market value.
Reported by: Polsinelli · Verified Oct 29, 2026
More open dossiers
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Updated Sep 11, 2026 Deadline: Dec 31, 2026 (56 days) 6 entriesOpened October 29, 2026. Entries are dated by the event, not the write-up, and each links to its source. Education only; nothing here is legal or tax advice.
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