As a former North Dakota commissioner of agriculture, attorney, and citizen, I urge the Legislature to reject SB 2150. This bill represents a drastic and dangerous shift in the language of our state’s anti-corporate farming law, which has protected family farms and ensured local control of farmland for over a century.
At first glance, SB 2150’s proposal to replace the word "individual" with "person" might seem minor. However, the implications are staggering. The term "individual" clearly refers to human beings (N.D.C.C. Section 1-01-49), while "person" includes corporations, organizations, and even governments (N.D.C.C. Section 1-01-49(10)). By expanding who can legally own farmland, this change creates an open door for foreign governments, like China, or billion-dollar investment funds to acquire North Dakota farmland.
The recent controversy over Chinese land purchases near the Grand Forks Air Base is a stark reminder of the risks associated with allowing foreign governments to buy property in our state. This bill would make it easier for such entities to gain control of agricultural land—land that should remain under the stewardship of those who live and work here.
It’s important to note that our anti-corporate farming law already allows for family farm corporations, which have long been vital to the success of multi-generational farms. SB 2150, however, goes far beyond supporting family operations. It opens the floodgates to outside corporate interests and governments, threatening to displace North Dakota farmers.
Further compounding the issue is the lack of enforcement. The attorney general has shown little interest in enforcing the anti-corporate farming law, and private enforcement provisions have never been used. Once this change is enacted, there will be no practical mechanisms to prevent corporations or foreign governments from acquiring farmland.
Imagine the scenarios this bill could unleash: corporate investment managers armed with billions of dollars outbidding local farmers for land, or foreign governments strategically acquiring prime farmland. These aren’t far-fetched possibilities—they’re very real risks to our agricultural heritage and economic independence.
North Dakota cannot afford to gamble with its farmland. This bill is not a simple amendment; it’s a fundamental rewriting of a law that protects our state’s family farms and rural communities. It demands an exhaustive analysis to fully understand its far-reaching consequences.
Tell your senator to vote “No” on SB 2150.
Sarah Vogel, Bismarck, is an attorney and author who served as North Dakota's ag commissioner from 1988 to 1996
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