1.As used in this section, unless the context otherwise requires:
a.“Agricultural land” means agricultural land as defined in section 9H.1.
b.“Beneficial ownership” includes interests held by a nonresident alien individual directly
or indirectly holding or acquiring a ten percent or greater share in the partnership, limited
partnership, corporation, or trust, or directly or indirectly through two or more such entities.
In addition, “beneficial ownership” shall include interests held by all nonresident alien
individuals if the nonresident alien individuals in the aggregate directly or indirectly hold
or acquire twenty-five percent or more of the partnership, limited partnership, corporation,
or trust.
c.“Conveyance” means all deeds and all contracts for the conveyance of an estate in re
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1. As used in this section, unless the context otherwise requires:
a. “Agricultural land” means agricultural land as defined in section 9H.1.
b. “Beneficial ownership” includes interests held by a nonresident alien individual directly
or indirectly holding or acquiring a ten percent or greater share in the partnership, limited
partnership, corporation, or trust, or directly or indirectly through two or more such entities.
In addition, “beneficial ownership” shall include interests held by all nonresident alien
individuals if the nonresident alien individuals in the aggregate directly or indirectly hold
or acquire twenty-five percent or more of the partnership, limited partnership, corporation,
or trust.
c. “Conveyance” means all deeds and all contracts for the conveyance of an estate in real
property except those contracts to be fulfilled within six months from the date of execution
thereof.
d. “Nonresident alien” means:
(1) An individual who is not a citizen of the United States and who is not domiciled in the
United States.
(2) A corporation incorporated under the law of any foreign country.
(3) A corporation organized in the United States, beneficial ownership of which is held,
directly or indirectly, by nonresident alien individuals.
(4) A trust organized in the United States or elsewhere if beneficial ownership is held,
directly or indirectly, by nonresident alien individuals.
(5) A partnership or limited partnership organized in the United States or elsewhere if
beneficial ownership is held, directly or indirectly, by nonresident alien individuals.
2. Every conveyance or lease of agricultural land, except leases not to exceed five years
in duration with renewals, conveyances or leases made by operation of law, and distributions
made from estates to heirs or devisees shall be recorded by the grantee or lessee with the
county recorder not later than one hundred eighty days after the date of conveyance or lease.
3. For an instrument of conveyance of agricultural land deposited with an escrow agent,
thefactofdepositofthatinstrumentofconveyancewiththeescrowagentaswellasthename
and address of the grantor and grantee shall be recorded, by a document executed by the
escrow agent, with the county recorder not later than one hundred eighty days from the date
of the deposit with the escrow agent. For an instrument of conveyance of agricultural land
delivered by an escrow agent, that instrument shall be recorded with the county recorder not
later than one hundred eighty days from the date of delivery of the instrument of conveyance
by the escrow agent.
4. At the time of recordation of the conveyance or lease of agricultural land, except a
lease not exceeding five years in duration with renewals, conveyances or leases made by
operation of law and distributions made from estates of decedents to heirs or devisees,
to a nonresident alien as grantee or lessee, such conveyance or lease shall disclose, in an
affidavit to be recorded therewith as a precondition to recordation, the name, address, and
citizenship of the nonresident alien. In addition, if the nonresident alien is a partnership,
limited partnership, corporation, or trust, the affidavit shall also disclose the names,
addresses, and citizenship of the nonresident alien individuals who are the beneficial owners
of such entities. However, any partnership, limited partnership, corporation, or trust which
has a class of equity securities registered with the United States securities and exchange
commission under section 12 of the Securities Exchange Act of 1934 as amended to January
1, 1978, need only state that fact on the affidavit.
5. Failure to record a conveyance or lease of agricultural land required to be recorded by
this section by the grantee or lessee within the specified time limit is punishable by a fine not
to exceed one hundred dollars per day for each day of violation. The county recorder shall
record a conveyance or lease of agricultural land presented for recording even though not
presented within one hundred eighty days after the date of conveyance or lease. The county
recorder shall forward to the county attorney a copy of each such conveyance or lease of
agricultural land recorded more than one hundred eighty days from the date of conveyance.
The county attorney shall initiate action in the district court to enforce the provisions of this
section. Failure to timely record shall not invalidate an otherwise valid conveyance or lease.
6. If a real estate contract or lease is required to be recorded under this section, the
requirement is satisfied by recording either the entire real estate contract or lease or a
memorandum of the contract or lease containing at least the names and addresses of all
parties named in the contract or lease, a description of all real property and interests therein
subject to the contract or lease, the length of the contract or initial term of the lease, and in
the case of a lease a statement as to whether any of the named parties have or are subject to
renewal rights, and if so, the event or condition upon which renewal occurs, the number of
renewal terms and the length of each, and in the case of a real estate contract a statement as
to whether the seller is entitled to the remedy of forfeiture and as to the dates upon which
payments are due. This subsection is effective July 1, 1980, for all contracts and leases of
agricultural land made on or after July 1, 1980.
7. The provisions of this section, except as otherwise provided, are effective July 1, 1979,
for all conveyances and leases of agricultural land made on or after July 1, 1979.