Keywords
foreign agricultural ownership, land ownership, China, Shen v. Simpson, agricultural land, farmland
Abstract
Twenty-four states have enacted laws to restrict foreign land ownership, with many placing an emphasis on agricultural land in some capacity. This Comment will argue that state restrictions on foreign land ownership should be vulnerable to equal protection violations when presented squarely to the Supreme Court. Additionally, it will explore the specific implications for agricultural land given its increasing value and economic importance. This analysis is illustrated by the issue presented in Shen v. Simpson, a recent constitutional challenge to Florida’s land ownership restrictions. Part II will discuss the pertinent history and legal landscape that frames the issue. Part III analyzes the holding in Shen v. Simpson and its appeal, criticizing the district court’s reliance on distinguishable and morally abhorrent precedent. Additionally, Part III discusses specific implications for the agricultural industry, arguing that the perceived threat to the industry is not proportionate to the restrictive laws. Part IV will reiterate these conclusions and summarize what the legal landscape of restrictive state property laws should look like moving forward.
Recommended Citation
Payton R. Flower,
Sowing Seeds of Restriction: Cultivating Insight into Foreign Agricultural Holdings and Equal Protection Concerns,
77 Ark. L. Rev.
(2024).
Available at:
https://scholarworks.uark.edu/alr/vol77/iss2/19