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A.G. upholds Wisconsin land ownership rule

Wisconsin Attorney General J.B. Van Hollen has issued an opinion upholding the state’s restrictions on foreign ownership of agricultural land. Non-resident aliens cannot own more than 640 acres in the Badger State.

Van Hollen issued the opinion at the request of State Assembly Speaker Robin Vos following an attempt by Governor Walker to repeal the law in his 2013-15 biennial budget. Walker contends the restriction is in violation of the General Agreement on Trade and Services (GATS).  Van Hollen’s advisory opinion states that while the GATS treaty applies to land purchased for a permissible service-based purpose, it does not override state law restrictions on foreign ownership.

Last June, the Congressional Research Service (CRS) issued an opinion on the matter at the request of U.S. Senator Tammy Baldwin (D-WI). CRS similarly found that the GATS treaty did not remove Wisconsin’s or Minnesota’s restrictions on the purchase of agricultural and forestry land by nonresident aliens.

Cooperative Network President and CEO Bill Oemichen welcomed Van Hollen’s opinion stating: “Wisconsin’s legal restriction on the purchase of agricultural land remains in place and ensures that Wisconsin farmland will continue to be owned by U.S. citizens.”