SB 200

2026 Regular Session  ENROLLED
  ACT No. 474
 SENATE BILL NO. 200
 BY SENATORS HODGES, ALLAIN, BARROW, BASS, CATHEY, CLOUD, CONNICK,
  EDMONDS, FESI, HENRY, JACKSON-ANDREWS, KLEINPETER,
  LAMBERT, MIGUEZ, MILLER, MIZELL, MORRIS, OWEN,
  PRESSLY, PRICE, REESE, SELDERS, STINE, WHEAT AND
  WOMACK AND REPRESENTATIVES AMEDEE, BAYHAM,
  DICKERSON, EDMONSTON, EGAN, FIRMENT, HORTON, OWEN,
  SCHAMERHORN, SPELL AND WYBLE
1AN ACT
2 To enact R.S. 29:43, relative to foreign adversaries and agents of foreign adversaries; to
3provide for the protection of military bases; to provide with respect to the ownership
4of immovable property by foreign adversaries and agents of foreign adversaries; to
5provide for the expropriation of property owned or controlled by foreign adversaries
6or agents of foreign adversaries under certain circumstances; to provide with respect
7to the constitutional police powers of the state; to provide with respect to threats to
8public health and safety; to provide for processes; to provide for voluntary
9divestment of immovable property; to provide for definitions; to provide for
10declarations; to provide for an effective date; and to provide for related matters.
11 Be it enacted by the Legislature of Louisiana:
12Section 1. R.S. 29:43 is hereby enacted to read as follows:
13§43. Protection of military bases; prohibited ownership of immovable property
14by foreign adversaries and agents of foreign adversaries
15A. The legislature hereby declares it is the policy of this state that
16ownership of immovable property in proximity to military bases by foreign
17adversaries or agents of foreign adversaries presents a threat to public health
18and safety that warrants reasonable statutory restrictions and the reasonable
19exercise of the constitutional police powers of the state.
20B. Any immovable property that is purchased, leased, possessed, owned,
21held in interest, or in any manner under the control of a foreign adversary or
22an agent or mandatory of a foreign adversary that is located within fifty miles
23of a military base may be expropriated by the Military Department, state of
24Louisiana, regardless of the date that the immovable property was acquired.
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1C. If the Military Department, state of Louisiana, files a petition to
2expropriate against immovable property pursuant to Subsection B of this
3Section, the expropriation shall be filed and conducted in the same manner and
4by the same method provided for in Part I of Title 19 of the Louisiana Revised
5Statutes of 1950, except that the petition shall also contain all of the following:
6(1) A statement demonstrating compliance with the requirements of this
7Section.
8(2) A statement detailing the description and nature of the threat to
9public health and safety that will be removed by the expropriation.
10D. Property acquisitions conducted pursuant to this Section shall be
11subject to the provisions of R.S. 38:3101 et seq.
12E.(1) Notwithstanding any provision of this Section to the contrary, any
13foreign adversary or any agent or mandatary of a foreign adversary, as defined
14in this Section, that owns or holds any immovable property subject to the
15provisions of Subsection (B) of this Section may, prior to the final judgement of
16expropriation, voluntarily divest itself of such property by bona fide sale,
17transfer, or conveyance to a natural person or juridical person that is not a
18foreign adversary and is not an agent or mandatary of a foreign adversary.
19(2) Upon completion of a valid transfer of the immovable property in
20accordance with this Paragraph, the Military Department, state of Louisiana
21shall notify the court that the property shall no longer be subject to
22expropriation under this Section and the court shall dismiss the suit, provided
23that the transferee is not acting, directly or indirectly, on behalf of or under the
24direction or control of a foreign adversary.
25F. Notwithstanding any provision of this Section to the contrary, no
26immovable or movable property shall be taken, damaged, or expropriated by
27the state or any of its political subdivisions pursuant to this Section except in
28accordance with Louisiana Constitution Article I, Section 4, which requires that
29property shall not be taken or damaged except for public purposes and with just
30compensation paid to the owner. Therefore, any expropriation authorized
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1herein shall be conditioned upon the payment of just compensation to the full
2extent of the owner’s loss and no transfer of ownership shall be effective until
3such compensation has been paid.
4G. Unless otherwise indicated, the following definitions shall apply to this
5Section:
6(1) "Agent of a foreign adversary" or "mandatary of a foreign
7adversary" means a juridical person or a natural person that serves as a
8mandatary, as provided in Louisiana Civil Code Article 2989, for a principal
9that is a foreign adversary and meets one or more of the following criteria:
10(a) Is under direction of a foreign adversary that has the power to direct
11or cause the direction of the management or policies of the juridical person
12whether through ownership of securities, by contract, or otherwise.
13(b) Directly or indirectly has the right to vote fifty percent or more of the
14voting interests of an entity that is owned or controlled by a foreign adversary
15or is entitled to fifty percent or more of its profits and is, therefore, presumed
16to have the power to direct or cause the direction of the management or policies
17of the juridical person.
18(c) Is a juridical person that meets any of the following:
19(i) Is headquartered in a country identified as a foreign adversary.
20(ii) Is held or controlled, either directly or indirectly, by a government
21of a foreign adversary.
22(iii) Is owned by, or the majority of stock or other ownership interest is
23held or controlled by, any person who is a citizen of a foreign adversary, unless
24that person is a legal permanent resident of the United States.
25(d) Is a juridical person or a subsidiary that is owned by, or the majority
26of stock or other ownership interest of which is held or controlled by, a
27corporation or entity described in Subparagraph (c) of this Paragraph.
28(e) Any individual person who is a citizen of a foreign adversary, unless
29that person is a legal permanent resident of the United States and does not
30otherwise meet any of the criteria provided in Subparagraphs (a) through (d)
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1of this Paragraph.
2(2) "Foreign adversary" means any foreign government or foreign
3nongovernmental person determined by the United States secretary of
4commerce to have engaged in a long-term pattern or serious instances of
5conduct significantly adverse to the national security of the United States or
6security and safety of United States persons as listed in 15 CFR 791.4
7(Determination of Foreign Adversaries), as amended or renumbered, and
8identified in the database maintained by the United States Department of the
9Treasury, Office of Foreign Assets Control.
10(3) "Military base" means any of the following immovable properties:
11(a) A military base or facility, reservation, camp, post, base, installation,
12armory, or training area and any weather station operated by the armed forces
13of the United States.
14(b) A military base, facility, reservation, camp, post, installation, armory,
15or training area that is operated by the state military.
16(c) Any facility operated by the Civil Air Patrol.
17Section 2. This Act shall become effective upon signature by the governor or, if not
18 signed by the governor, upon expiration of the time for bills to become law without signature
19 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
20 vetoed by the governor and subsequently approved by the legislature, this Act shall become
21 effective on the day following such approval.
  PRESIDENT OF THE SENATE
  SPEAKER OF THE HOUSE OF REPRESENTATIVES
  GOVERNOR OF THE STATE OF LOUISIANA
 APPROVED:
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