Minnesota Statutes Section 500.221 was enacted in 1977 and is known as “Minnesota’s Alien Farm Law,” and details who can have an interest in agricultural land. Only citizens of the United States, permanent resident aliens, and business entities that have less than 20% foreign interest can have an interest in agricultural land. An interest in agricultural land includes ownership, lease, easement, or any other type of interest, whether legal or beneficial.
The law outlines requirements that need to be satisfied, depending on your status. Below is a summary of the different requirements. If you have any questions, please contact Doug Spanier at 651-201-6166
- For any business entity or those individuals who are not citizens or permanent resident aliens of the U.S. and who had an interest in agricultural land prior to June 1, 1981
- You must file a report annually with the Department of Agriculture by January 31, and include a filing fee of $50 for the first quarter section of land plus $10 for each additional quarter section of land.
- For those individuals who are lawfully admitted to the U.S. for permanent residence and have an interest in agricultural land
- You must maintain your principal, actual dwelling place within the U.S. for at least 6 months out of every consecutive 12 month period.
- You must file a report with the Department of Agriculture within 30 days of purchasing agricultural land.
- You must file a report annually with the Department of Agriculture by January 31.
- For those individuals who have an interest in agricultural land and hold a nonimmigrant treaty investment visa pursuant to U.S. Code, title 8, section 1101(a)15(E)(ii)
- You must maintain your principal, actual dwelling place within the U.S. for at least 10 months out of every consecutive 12 month period.
- This is only for dairy farmers who farm less than 1500 acres.
- You must file a report with the Department of Agriculture within 30 days of purchasing agricultural land.
- You must file a report annually with the Department of Agriculture by January 31.
- This exemption is only good for 3 years, unless the commissioner waives the limitation upon finding the person is actively pursuing citizenship.
- For entities or individuals who are able to have an interest in agricultural land because they have wind easements or have rights secured by treaty.
- You must file a report with the Department of Agriculture by December 31 of each year, including a filing fee of $50 for the first quarter section of land plus $10 for each additional quarter section of land.
- For businesses, you also need to satisfy Minnesota’s Corporate Farm Law, Minn. Stat. 500.24.
