Effective July 1, 2026
43-2B-9. Applicability.
This chapter does not apply to:
(1) Any real property interest held by an entity that has received clearance, approval, or a determination of no unresolved national security concerns from the Committee on Foreign Investment in the United States, including any entity operating in compliance with a mitigation or national security agreement under section 721 of the Defense Production Act of 1950, 50 U.S.C. § 4565 (January 1, 2026);
(2) The exchange, expansion, purchase, relocation, or sale of a real property interest approved by the governing body of a county, municipality, or other political subdivision of this state;
(3) Any real property interest held by a prohibited entity solely for the purpose of securing indebtedness, if the prohibited entity does not take possession of, or obtain voting or managerial control over, the real property interest;
(4) Stock ownership in a publicly traded entity by a foreign person, as defined in § 43-2A-1, if the foreign person does not control or operate the publicly traded entity, provided that de minimis stock ownership is not considered control or operation for purposes of this section;
(5) Any real property interest held by an individual who is a lawful permanent resident or citizen of the United States, including a dual citizen; or
(6) Any real property interest held by an individual with lawful status, as defined in § 32-12-1.1.