Which US States Restrict Foreign Property Buyers in 2026? The Farmland and "Countries of Concern" Map

Published on: June 26, 2026

If you have been following American property news, you have probably seen the headlines: state after state passing laws to limit who can buy land inside its borders. Texas, Florida, Arkansas, Idaho, Kentucky and roughly two dozen others have moved in the same direction over the last three years. For an international buyer, the natural question is a worried one: can I still buy property in the United States in 2026, or am I now locked out?

The honest answer is that for most foreign buyers, almost nothing has changed. The new wave of laws is narrow, targeted and built around national security rather than a blanket "no foreigners" rule. But the patchwork is real, it is growing, and the details matter enormously depending on who you are, what you are buying, and which state it sits in. This guide maps out the landscape as it stands in mid-2026.

A note before you read. This article is general information, not legal advice. These laws are changing quickly, several are being challenged in court, and the precise definitions vary from state to state. Always confirm the current rules with a licensed real estate attorney in the specific state before you sign anything.

Why this is happening at all

Concern about foreign ownership of American land is not new. It is woven into the country's history and resurfaces whenever there is geopolitical tension. The current cycle is driven by national security anxiety, particularly around Chinese-linked purchases near military installations and the broader question of who controls American farmland.

It is worth keeping the actual numbers in view, because they are smaller than the rhetoric suggests. Foreign investors hold a little over 3% of America's private agricultural land, and Chinese ownership is a tiny sliver of that, well under 1%. Despite this, the political momentum has been substantial. Researchers tracking the issue have counted hundreds of bills introduced across state legislatures and Congress since 2021, with a large majority containing provisions that restrict buyers tied to China specifically.

At the federal level, two existing frameworks already sit in the background. The Agricultural Foreign Investment Disclosure Act (AFIDA) requires foreign persons to report their agricultural landholdings to the USDA, and the Foreign Investment Risk Review Modernization Act (FIRRMA) lets the Committee on Foreign Investment in the United States (CFIUS) review transactions near sensitive sites. In July 2025, the federal government layered on a National Farm Security Action Plan, signaling that Washington intends to work with states to curb purchases by "countries of concern." So the state laws are not operating in a vacuum; they are stacking on top of federal rules that already exist.

The single most important distinction

Before looking at any individual state, understand the two axes that determine whether a law touches you.

Axis one: who is restricted. The overwhelming majority of these laws do not target all foreigners. They target a defined list of "countries of concern," "foreign adversaries" or similarly named groups. The names recur across statutes and federal lists, and the most commonly named countries are China, Iran, North Korea and Russia, with several states adding Cuba, Venezuela and Syria. A buyer from Germany, the United Kingdom, Canada, Turkey, the Gulf states or most of the world is generally outside the scope of these laws entirely. The restrictions also frequently distinguish between citizens of those countries who live abroad (non-resident aliens) and those who are lawful US permanent residents or citizens, who are usually carved out.

Axis two: what is restricted. Most laws were written with agricultural land in mind. Many also reach land near military bases and critical infrastructure. A smaller number extend to all categories of real estate, including ordinary homes and commercial buildings. So a non-resident Chinese citizen buying farmland adjacent to an air base is in a very different position from a French citizen buying a holiday condo in a beach town.

If you hold both of these axes in your head, the patchwork suddenly makes sense: it is mostly "specific countries by specific land types," not a general ban.

The headline states

A handful of states define the current debate. Here is how the most significant laws actually work.

A few of these deserve a closer look.

Florida (SB 264) is the broadest and most consequential. Unlike most states, it reaches ordinary residential and commercial property, not just farmland, and it singles out individuals "domiciled" in China for the strictest treatment while applying lesser restrictions to the six other listed countries. It has been the focus of the most important court fight, Shen v. Simpson. In November 2025, a federal appeals court (the Eleventh Circuit), in a 2-1 decision, declined to block the law, ruling that the challengers were unlikely to succeed and largely allowing enforcement to continue. The law also comes with practical paperwork: buyers in Florida are generally required to provide affidavits confirming they are not subject to the restrictions. Our full Florida buyer guide covers how this plays out at closing.

Texas (SB 17) is the most significant new entry. Before 2025, Texas had no restriction on foreign land ownership at all. SB 17 changed that decisively, barring governments, entities and individuals from designated countries from acquiring essentially any category of Texas real property. It also carries real teeth: enforcement by the state Attorney General, civil penalties starting at $250,000 or half the property's market value, and even criminal exposure for knowing violations. Notably, the governor was given authority to add countries to the list, so the scope can expand.

Idaho stands out for two mechanisms few other states use: it required covered owners to divest their holdings by a hard deadline, and it created a whistleblower reward, paying informants a share of the proceeds from a forced sale.

So how many states is it, really?

You will see wildly different numbers quoted, from "12" to "half of all states" to "29." The variation is not sloppiness; it depends entirely on what you are counting. If you count only states with laws specifically restricting foreign ownership of private agricultural land, the leading legal trackers put the figure at roughly 28 to 29 states as of the 2025 legislative session. If you count only the newest, post-2023 "countries of concern" style bans, the number is smaller. If you include older, narrower statutes that touch public land or impose acreage caps, it climbs.

The practical takeaway is simpler than the bookkeeping: roughly half of US states now have some form of restriction on foreign agricultural land ownership, the laws differ from one another in important ways, and the trend line is still pointing upward. During the 2025 session alone, several states enacted brand-new laws, including Texas, Kentucky and West Virginia, while others such as Arkansas, Georgia, Idaho, Nebraska, Tennessee and Utah amended laws already on their books.

What this actually means if you are a foreign buyer

Strip away the headlines and the practical situation for most international buyers in 2026 comes down to a short checklist.

Start with your nationality. If you are a citizen of one of the named "countries of concern," and especially China, you need to take these laws seriously and get state-specific legal advice before doing anything. If you are from elsewhere, you are very likely outside the scope of the targeted bans, though you should still confirm rather than assume.

Then look at what you are buying. An ordinary home or condo in most states sits outside laws that were written for farmland. The exceptions are the broad statutes, Florida being the clearest example, which do reach residential and commercial property. Agricultural land, and any property near a military base or critical infrastructure, is where scrutiny is highest everywhere.

Finally, expect paperwork even when you are clearly permitted to buy. Several states now require affidavits or disclosures at closing confirming that you are not a restricted buyer. This is routine, but it means your closing process may include a step that did not exist a few years ago, and getting it wrong can create real problems later.

The legal ground is still moving

One reason caution matters is that these laws are not settled. They are being tested in court on constitutional grounds, including whether they conflict with federal authority over foreign investment and whether they unlawfully discriminate based on national origin. The results so far have been mixed. Florida's law survived its major appellate challenge in late 2025, while litigation over Arkansas's law produced an injunction that is itself under appeal. Courts in different regions may reach different conclusions, and a single ruling could reshape what is enforceable.

For a buyer, the lesson is not to rely on a snapshot. A law that is being enforced today could be narrowed by a court next year, and a state without restrictions today could pass one in its next legislative session. This is a genuinely live area of policy.

The bottom line

The "foreign buyer ban" story is real but frequently overstated. The United States has not closed its property market to the world. What it has done, state by state, is build a targeted set of restrictions aimed mainly at specific countries and mainly at farmland and security-sensitive sites. For the large majority of international buyers, purchasing a home in America in 2026 remains entirely possible. For buyers from the named countries, and for anyone buying agricultural land, the rules are now genuinely restrictive and worth careful, state-specific legal review.

If you are weighing a cross-border purchase and want to understand how a specific market treats foreign buyers, comparing jurisdictions side by side is the most reliable way to avoid surprises, and it is exactly the kind of clarity a global property platform is built to provide.

Related guides: Foreign buyer's guide to USA real estate, Buying property in Florida as a foreigner, and Why countries are banning foreign property buyers.

Disclaimer. Last reviewed June 2026. State foreign-ownership laws are changing rapidly and several are subject to ongoing litigation. This article is for general information only and is not legal advice. Before relying on any point here, verify the current law in the relevant state and consult a licensed attorney.

A note on the numbers: where no source is named, the market figures in this article (prices, yields, costs) are indicative estimates compiled from publicly available market data and industry reporting at the time of writing. Markets move and rules change, so treat them as a starting point and verify current figures with official sources before acting on them.