THE OKLAHOMA BAR JOURNAL 20 | JUNE 2024 Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. land is located shall undertake escheat proceedings but must give a 30-day notice before initiating such proceedings (Section 125); 7) if the alien owner of land is a minor or of unsound mind, extra steps are required during the escheat proceedings (Section 126); and 8) upon completion of the escheat proceedings, the land shall be sold with the proceeds held for the owner for one year before the funds are paid to the state school fund (Section 127). The Oklahoma Legislature enacted this SB 212 apparently due to a perceived dramatic increase in the acquisition of land around the nation and in Oklahoma by aliens, including alien-owned entities, which have been allegedly carrying out illegal activities. The language in SB 212 directs the local county clerks – who are responsible for recording all land instruments in order to give to the public notice of their contents (e.g., deeds, mortgages, releases, liens, easements, plats, restrictions, decrees, judgments, etc.) – to refuse to accept and record any “deed” conveying “land” without an affidavit being attached to it.2 The affidavit (herein the “non-alien affidavit”) is to be signed by each grantee, swearing they are either a citizen of the United States or a noncitizen (an alien) who is or shall become a bona fide resident of Oklahoma. In a brochure published in response to SB 212, the Oklahoma Association of Realtors (OAR) explained the reason for this legislative amendment: Summary: Foreign land ownership has become a salient political issue across the nation for a variety of reasons. In Oklahoma, an increasing number of foreign actors have used loopholes and taken advantage of the State’s marijuana industry to engage in illegal black market operations. The Oklahoma Legislature passed SB212 in 2023 to provide a prosecutorial framework which law enforcement can use to regulate and punish these illegal, foreign actors. Confirmation of this assertion by the OAR, that curtailing illegal marijuana business activities was the reason for this legislative action, is found on the face of one of the three affidavit forms promulgated by the Oklahoma attorney general (herein “AG”). The AG is directed by the terms of the SB 212 amendment to Section 121 to “promulgate a separate affidavit form for individuals and
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