LINCOLN- Since 1889, Nebraska has had a law on the books that limits foreign ownership and leases of land. However, state lawmakers have never clarified how they wanted to enforce the law, which agency would enforce it, or what penalty would be levied for violating it. "The biggest hole as I read it in Nebraska law," said Micah Brown, an expert on agricultural land law at the National Agricultural Law Center, "It's one of these traditional foreign ownership laws that would restrict anybody. But there's no enforcement or penalty provisions."

At a recent legislative study hearing during which Brown spoke to the state's Agriculture Committee, Chairman and state Sen. Steve Halloran said he might look into changing the law to fix those flaws. "Too often we write legislation on various issues after a problem has gotten too big to do much about it," said Halloran at the hearing, "I would rather write legislation that carefully prevents a problem from getting out of hand."

Halloran went on to say that he's heard concerns from constituents about Chinese interest in U.S. farmland, especially since Chinese investors purchased Smithfield Co., a Nebraska-based pork producer, and Syngenta, a seed processor. As of right now, foreign individuals or entities purchasing land do so through the U.S. Department of Agriculture. To Halloran, it would make more sense to consider requiring new owners to fill out forms with the county where the land is located, and have the state collect and archive the information.

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