TITLE 8: AGRICULTURE AND ANIMALS
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AUTHORITY: Implementing and authorized by the Agricultural Foreign Investment Disclosure Act, (Ill. Rev. Stat. 1983, ch. 5, par. 601 et seq.).
SOURCE: Adopted at 4 Ill. Reg. 4, p. 76, effective January 14, 1980; codified at 5 Ill. Reg. 10570; amended at 9 Ill. Reg. 8594, effective May 28, 1985.
Section 800.10 Definitions
In determining the meaning of words used in these rules, unless the context indicates otherwise, words importing the singular include and apply to several persons or things, words importing the plural include the singular, and words used in the present tense include the future as well as the present. No incorporation by reference in this Part includes any later amendments or editions beyond the date specified. The following terms shall have the following meanings:
a) "Act" means the Agricultural Foreign Investment Disclosure Act (Ill. Rev. Stat. 1983, ch. 5, par. 601 et seq.).
b) "Agricultural land" means any land located in this State which is currently used for, or if idle and its last use within the past five years was for, agricultural, forestry or timber production, except agricultural land used primarily to meet pollution control laws or regulations or land not exceeding ten acres in the aggregate from which the agricultural, forestry or timber products are less than $1,000 in annual gross sales and such products are produced for the personal or household use of the person or persons holding an interest in such land. Agricultural, forestry and timber production includes those activities identified in 7 CFR 781.2(b) (1984; amended at 49 FR 35072, effective October 9, 1984).
c) For the purpose of Section 3 of the Act, "any interest" means all interests acquired, transferred or held in agricultural lands by a foreign person, except:
1) leaseholds that are exempted from reporting as identified in Section 3 of the Act;
2) contingent future interests;
3) noncontingent future interests which do not become possessory upon termination of the present possessory estate;
4) surface or subsurface easements and rights of way used for a purpose unrelated to agricultural production. An interest solely in mineral rights is not considered an interest in agricultural land and, therefore, is not required to be reported; and
5) security interests.
d) "Security Interest" means a mortgage or other debt securing instrument.
e) "Significant interest or substantial control" shall be interpreted to mean interest or control, as set forth in 7 CFR 781.2(k) (49 FR 35072, effective October 9, 1984), in a legal entity for the purpose of obligating such legal entity to report.
(Source: Amended at 9 Ill. Reg. 8594, effective May 28, 1985)
Section 800.15 Reporting Requirements: Persons Subject to Section 3(a), (b), (c) or (d) of the Act
a) Any foreign person subject to reporting under Section 3(a), (b), (c) or (d) of the Act shall file with the Director a copy of Form ASCS 153* which is required to be filed under the provisions of Public Law 95-460 (The Agricultural Foreign Investment Disclosure Act of 1978, 7 U.S.C. 3501 et seq). The report shall be mailed to the Director, Illinois Department of Agriculture, State Fairgrounds, Springfield, Illinois 62706.
b) In addition to the information required to be reported in Section 3 of the Act, the following information which is contained on Form ASCS 153 shall be reported:
1) When applicable, the name, address and relationship of the representative of the foreign person who is completing the ASCS-153 form for the foreign person;
2) How the tract of land was acquired or transferred, the relationship of the foreign person to the previous owner, producer, manager, tenant or sharecropper, and the type of rental agreement, if any;
3) The date the interest in the agricultural land was acquired;
4) The amount of the purchase price or the current value for the agricultural land yet to be paid; and
5) The current estimated value of the agricultural land that is being reported.
* The Form ASCS-153 may be obtained at the county Agricultural Stabilization and Conservation Service office.
(Source: Amended at 9 Ill. Reg. 8594, effective May 28, 1985)