Aliens in Pennsylvania

Overview

Agricultural Land

68 P.S. 41:

"An alien, who is not a resident of a state or territory of the United States or of the District of Columbia, and a foreign government shall not acquire an interest in agricultural land, exceeding 100 acres, except such as may be acquired by devise or inheritance, and such as may be held as security for indebtedness. The provisions of this section shall not apply to citizens, foreign governments or subjects of a foreign country whose rights to hold land are secured by treaty."

68 P.S. 44:

"Nonresident aliens who acquire agricultural lands in this Commonwealth by devise or descent and who are not designated Class A beneficiaries for inheritance tax purposes shall have three years from the date of so acquiring such title in which to alienate such agricultural lands. Those nonresident aliens who acquire agricultural lands by devise or descent and who qualify as beneficiaries designated Class A for inheritance tax purposes shall have the right to acquire and hold agricultural lands in this Commonwealth upon the same terms as citizens of this Commonwealth."

68 P.S. 46:

"Agricultural lands acquired or held in violation of sections [41] and [44] shall be forfeited to the Commonwealth. The Attorney General shall enforce such forfeiture. However, no such forfeiture may be adjudged unless the action to enforce is brought within five years after such property has been acquired or held by such alien. No title to land is invalid or liable to forfeiture by reason of the alienage of any former owner or person interested therein."

Underwriting

Section 46 specifically states that no title is liable or invalid by reason of a prior owner in the chain of title being a nonresident alien. Only the current owner is at risk of a forfeiture action, so the Policy would not cover a post-Policy enforcement action brought by the Attorney General.