Restrictions

Federal judge puts Arkansas foreign ownership restrictions on hold

By Drew Viguet
National Agricultural Law Center
U of A System Division of Agriculture

FAYETTEVILLE, Ark. — A federal judge in Arkansas has halted enforcement of the state’s foreign ownership restrictions for plaintiffs owning a crypto-mining business.

Jones Eagle LLC, which operates near DeWitt, Arkansas, and mines digital assets like cryptocurrency, came under investigation by the Arkansas Department of Agriculture and Arkansas Attorney General following the state enacting Act 636 and 174 during the 2023 legislative session. Both acts involve restriction of foreign ownership of U.S. land, and Act 174 specifically prohibits foreign-owned entities from acquiring or holding any interest in a digital mining business in the state. Qimin “Jimmy” Chen, who was born in China and is a naturalized American citizen, exercises control over Jones Eagle as sole owner of Eagle Asset Holding, Inc.

Harrison Pittman, director of the National Agricultural Law Center, testifies to the Senate Ag Committee on Sept. 27, 2023. The committee held a hearing on foreign ownership of U.S. farmland. (Image courtesy U.S. Senate)

Gov. Sarah Huckabee Sanders issued a press release in December 2023 stating that Jones Eagle was under investigation for potentially violating state foreign ownership restrictions, as the entity “may have significant ties to China.”

Jones Eagle filed a lawsuit against the state of Arkansas in November 2024, claiming the investigation was unconstitutional and requesting a temporary restraining order and preliminary injunction. Judge Kristine Baker of the U.S. District Court for the Eastern District of Arkansas issued a temporary restraining order for 14 days on Nov. 25, and on Dec. 9 issued a preliminary injunction. The decision renders Acts 636 and 174 unenforceable against Jones Eagle until further notice from the court.

The preliminary injunction order is sealed — which means it is not accessible to the public — to protect Jones Eagle’s confidential business details. However, the Notice of Preliminary Injunction Order can be viewed online.

“In recent years, we’ve seen a dramatic increase in national interest and activity regarding the topic of foreign ownership of U.S. land, and particularly agricultural land,” said Harrison Pittman, director of the National Agricultural Law Center. “It’s an extremely active issue at both state and federal levels, although there are currently no federal laws restricting foreign persons, entities, or governments from acquiring or holding private U.S. agricultural land.”

Almost half of all U.S. states have some kind of law limiting foreign ownership. In 2023, Arkansas became the first state to enforce a foreign ownership law when it ordered a subsidiary of Syngenta Seeds, another Chinese-owned company, to divest itself of farmland in Arkansas.

What’s next?

“The injunction is limited to Jones Eagle and does not apply to others who may be subject to Acts 636 and 174,” Pittman said. “Arkansas can continue to enforce foreign ownership restrictions under these acts.”

A redacted version of the preliminary injunction is expected to be released in the coming weeks.

More details regarding the case are available online on the NALC website.

For the latest in agricultural law and policy developments, including foreign ownership, subscribe at no cost to The Feed, a twice-monthly newsletter from the NALC. The NALC is also on X, Facebook and LinkedIn.

Cotton, Colleagues introduce bill to repeal tax on certain firearm purchases

Washington, D.C. — Senator Tom Cotton (R-Arkansas) today introduced the Repealing Illegal Freedom and Liberty Excises (RIFLE) Act, legislation that would remove a burdensome tax imposed on firearms regulated under the National Firearms Act.

Image by Wikipedia

Senators John Barrasso (R-Wyoming), Marsha Blackburn (R-Tennessee), John Cornyn (R-Texas), Kevin Cramer (R-North Dakota), Steve Daines (R-Montana), Deb Fischer (R-Nebraska), Cynthia Lummis (R-Wyoming), Roger Marshall (R-Kansas), Markwayne Mullin (R-Oklahoma), Pete Ricketts (R-Nebraska), Marco Rubio (R-Florida), and Rick Scott (R-Florida) are co-sponsors of the legislation. Congresswoman Ashley Hinson (Iowa-02) introduced companion legislation in the House.

“Law-abiding Americans who exercise their Second Amendment rights should not be subject to unnecessary taxes and restrictions preventing them from doing so. Passed into law in 1934, the National Firearms Act needs to be amended. Our legislation will remove the red tape that places an undue financial burden on would-be gun owners,” said Senator Cotton.

“The federal government should not be placing financial barriers on the inalienable rights of Americans. This unconstitutional tax on certain firearm purchases is a direct violation of the Second Amendment and must be repealed. As the Biden Administration and Democrats push proposals that unfairly target law-abiding gun owners, I will continue to stand up for Iowans’ right to keep and bear arms,” said Congresswoman Hinson.

Text of the legislation may be found here.

Background:

  • The 1934 National Firearms Act (NFA) regulates short-barreled shotguns and rifles, fully automatic firearms, suppressors, and a catchall category of explosives. In addition to background checks and registration, NFA regulated items have a $200 tax.

  • The ATF has acknowledged the tax was intended “to curtail, if not prohibit, transactions” of firearms. The $200 tax, unchanged since 1934, is equivalent to $4,648 in today’s dollars.

  • Since 2018, ownership of NFA regulated items have grown by more than 250% as more sportsmen, shooters and firearm enthusiasts exercise their Second Amendment right.

  • The RIFLE Act does not modify the current checks and registration; it solely removes the federally mandated financial burden on law-abiding gun owners.

  • The legislation is endorsed by the National Rifle Association and the National Shooting Sports Foundation.

Bill loosening child labor restrictions approved by Arkansas committee

KUAR | By Daniel Breen

Arkansas lawmakers have advanced a bill which would do away with work permits for minors under the age of 16.

House Bill 1410 would no longer require kids under 16 to provide proof of age, a description of their work schedule or parental consent to the state Department of Labor and Licensing in order to get a job.

The bill’s sponsor, Rep. Rebecca Burkes, R-Lowell, said the goal is to limit government involvement in families’ decisions. In a meeting of the House Public Health, Welfare and Labor committee on Tuesday, she reassured lawmakers the bill wouldn’t supersede any existing child labor regulations.

https://www.ualrpublicradio.org/local-regional-news/2023-02-21/bill-loosening-child-labor-restrictions-approved-by-arkansas-committee

Arkansas Legislature

Rep. Rebecca Burkes, R-Lowell, is joined by Arkansas Division of Labor Director Ralph Hudson in a meeting of the House Public Health, Welfare and Labor committee on Tuesday.

Arkansas State Plant Board Again Loosens Dicamba Restrictions

By DANIEL BREEN

State agriculture regulators have once again shifted the rules governing a controversial herbicide that’s been blamed for widespread crop damage.

Members of the Arkansas State Plant Board on Monday voted to change the cutoff date for spraying dicamba, an herbicide used on genetically-modified cotton and soybeans.

The weedkiller, which has been responsible for thousands of complaints of damage in the state, can now be sprayed legally until the end of June, later than last year’s May 25 cutoff. That’s despite research from the University of Arkansas showing the chemical can vaporize at higher temperatures, causing damage to non-tolerant plants.

https://www.ualrpublicradio.org/post/arkansas-state-plant-board-again-loosens-dicamba-restrictions

Leaves of non-tolerant soybeans show signs of dicamba damage at a University of Arkansas research station in Keiser, Ark. in July 2019.CREDIT DANIEL BREEN / KUAR NEWS

Leaves of non-tolerant soybeans show signs of dicamba damage at a University of Arkansas research station in Keiser, Ark. in July 2019.

CREDIT DANIEL BREEN / KUAR NEWS