- videocam On-Demand
- signal_cellular_alt Intermediate
- card_travel Real Property - Transactions
- schedule 90 minutes
States Increasing Limits on Foreign Ownership of U.S. Real Estate: Navigating the Evolving Regulatory Landscape
Regulatory Updates, Impact on Foreign Sales/Investment Transactions, Legal Challenges
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Description
In response to national security and geopolitical concerns, a large number of U.S. states have either enacted or are considering enacting legislation governing the ownership of U.S. real estate by foreign entities. The state restrictions vary in their application to different types of land, buyers/investors, and covered jurisdictions. They also differ in requirements--some simply mandate disclosure of foreign ownership while others prohibit certain transactions outright.
One of the more well-known and controversial laws is the state of Florida's limits on the ability of foreign principals to own agricultural land and land within 10 miles of any military installation or critical infrastructure facility in the state. Additionally, the law specifically limits the ability of Chinese nationals to buy any Florida real property and includes certain civil and/or criminal penalties for Chinese nationals who buy the property and for those selling the property. This law is facing legal challenges.
Counsel should understand the current state of this regulatory scheme given the number of laws now in effect or being considered for enactment and the impact these will have on real estate transactions.
Listen as our expert panel provides an overview of state laws restricting foreign ownership of U.S. real property. The panel will address how the laws vary and take an in-depth look at some of the more notable laws of which counsel should be aware. The panel will discuss the impact these laws will have on real estate transactions and offer best practices for navigating this regulatory landscape.
Presented By
Mr. D’Angelo represents high-end fashion brands, media conglomerates, multinational corporations, owners, developers, condominiums and cooperative boards, politicians, and celebrities on complex real estate disputes, civil cases, securities litigation, and white collar criminal matters. He also counsels his clients on general corporate governance, labor and employment issues, transactional matters, and lobbying efforts. Mr. D’Angelo is a trial attorney with extensive experience in high-stakes litigation in state and federal courts throughout the country, as well as internationally. Mr. D’Angelo regularly writes and contributes to the education and development of the law.
Mr. Rapa leads Blank Rome’s National Security team. A dual U.S./UK-qualified practitioner with on-the-ground experience spanning four continents, he counsels companies and private equity sponsors regarding cross-border trade, operations, investments, and geopolitical strategic planning. A former member of the Law360 International Trade Editorial Advisory Board, Mr. Rapa is a trusted advisor to clients on matters involving economic sanctions, export controls, and investment screening involving the Committee on Foreign Investment in the United States. He has advised clients across a broad range of industries, including aerospace and defense, manufacturing, automotive, aviation and aviation-adjacent, technology/software, semiconductors, telecommunications, maritime, financial, shipping, freight forwarding and logistics, and energy.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Wednesday, August 28, 2024
- schedule
1:00 p.m. ET./10:00 a.m. PT
Outline
- Introduction
- History of state regulation of foreign ownership of U.S. real estate
- Interaction with federal law
- Examination of notable state laws (covered entities, transactions, and property type; enforcement)
- Florida
- North Dakota
- Tennessee
- Indiana
- Others
- Legal challenges
- Practitioner takeaways
Benefits
The panel will review these and other important issues:
- Why have the states increased their scrutiny of foreign ownership of U.S. real property?
- How do the state laws interact with federal law?
- In what ways do the state laws vary?
- What are some of the notable enforcement mechanisms and penalties under these laws?
- What legal challenges are some of the laws facing?
- What are best practices for assisting clients with navigating this evolving regulation?
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