Idaho § 55-115

§ 55-115.

Prohibitions on LEASE OR PURCHASE OF LAND OR DWELLINGS - within certain geographic boundaries. (1) A foreign principal from a foreign adversary country shall not be allowed to directly or indirectly purchase, hold, rent, or otherwise control any property in Idaho within the geographic boundaries described by the following coordinates: N4200 W11700, N4320 W11700, N4320 W11600, N4300 W11600, N4300 W11500, N4200 W11500.

(2) A foreign principal that directly or indirectly controls any property covered by subsection (1) of this section must sell, transfer, or otherwise divest itself of control of the property within one hundred eighty (180) days of the effective date of this act.

(3) A foreign principal from a foreign adversary country that acquires, directly or indirectly, control of property covered by subsection (1) of this section after July 1, 2025, by devise, descent, through the enforcement of security interests, or the collection of debts must sell, transfer, or otherwise divest itself of the property within one hundred eighty (180) days of acquiring control of the property.

(4) If a foreign principal from a foreign adversary country does not divest the public or private lands as required by this section, the attorney general shall commence an action in the district court within the jurisdiction of the public or private land.

(5) If the public or private land is held in violation of this section, the district court shall order that the public or private land be sold through judicial foreclosure.

(6) Proceeds of the sale shall be disbursed to lienholders, in the order of priority, except for liens that, under the terms of the sale, are to remain on the public or private land.

(7) Any individual may act as a whistleblower and provide a referral to the office of the attorney general for violations of this section.

(8) If a whistleblower referral results in a divestiture of land or other assets held in violation of this section, the whistleblower shall be entitled to a reward equal to thirty percent (30%) of the proceeds of the land sale resulting from a violation of this section. Proceeds of the sale shall be disbursed in the following order:

(a) The payment of authorized costs of the sale, including all approved fees and expenses of the referee and any taxes and assessments due;

(b) The payment, in an amount approved by the court, to the attorney general for reimbursement of investigation and litigation costs and expenses;

(c) To bona fide lienholders, in the order of priority, except for liens that, under the terms of the sale, are to remain on the property;

(d) To whistleblowers; and

(e) To the restricted foreign entity.

(9) The whistleblower enforcement provision takes effect one hundred eighty (180) days after the effective date of this section.

(10) As used in this section, "military base" or "installation" means any land, structure, or property owned or controlled by any division of the department of defense, Idaho national guard, or any other department of government, state or federal, vital to the safety and security of the state of Idaho or the United States.

(11) The responsibility for determining whether an entity is subject to this section rests solely with the foreign entity, the attorney general, or any qualifying whistleblower, and no other individual or entity. An individual or entity who is not a foreign entity shall not be required to determine or inquire whether another person or entity is or may be subject to this section and shall bear no civil or criminal liability under this section.

[55-115, added 2025, ch. 326, sec. 3, p. 1348.]