Several U.S. states have enacted or are considering restrictions on foreign ownership of certain categories of real estate — primarily agricultural and proximity-to-strategic-infrastructure land. The emerging patchwork creates compliance and transaction-structuring challenges for foreign investors, fund vehicles with foreign LPs, and U.S. operating companies with foreign parents.
We survey the current state of the law, identify the categories of investment most affected, and offer practical guidance on transaction structuring and due-diligence in this evolving area.
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