Can A Foreigner Be Restricted from Owning Land in the United States?
Full Question:
Answer:
The restriction only applies to non-citizens who are non-residents. A non-citzen may own property not subject to the restriction if he resides in South Dakota. Reside refers to staying somewhere permanently or continuously. It also refers to occupying a place which is one’s legal domicile.
Please see the following SD statutes:
43-2-9. Right of individual to take, hold, and dispose of property. Any person, whether citizen or alien, may take, hold, and dispose of property, real or personal, within this state, except as provided in § 43-2A-2.
43-2A-2.
No alien, who is not a resident of this state, of some state or
territory of the United States or of the District of Columbia; and no
foreign government shall hereafter acquire agricultural lands, or any
interest therein, exceeding one hundred sixty acres, except such as may
be acquired by devise or inheritance, and such as may be held as security
for indebtedness. The provisions of this section do not apply to
citizens, foreign governments or subjects of a foreign country whose
right to hold land are secured by treaty.