'You Can't Buy Land Here'--- How Florida Told Some Foreigners “No, Thanks” (and the 11th Circuit Said Maybe)

Florida’s effort to turn home-buying into a state-approved hobby just got a judicial green light — or at least an amber one... 

In a 2–1 decision this week, the 11th U.S. Circuit Court of Appeals cleared the way for Florida to enforce a 2023 law that restricts real-estate purchases by people “domiciled” in China, rejecting claims that the statute violates federal law or unlawfully discriminates against Asians. 

The ruling could encourage similar “alien land” measures to sprout in other states.

Circuit Judge Robert Luck — writing for the majority and joined by Judge Barbara Lagoa — framed the law as a security-minded patchwork: “National, individual, land, and food security concerns motivated (the law’s) enactment,” he wrote. 

The court found the four Chinese nationals who sued, represented by the ACLU, lacked standing because the law targets people domiciled in China while the plaintiffs have lived in Florida for years.

The ACLU’s Ashley Gorski didn’t mince words: “Although today's decision is disappointing, we'll continue to fight laws like these that blatantly target immigrants based on their national origin and ethnicity,” she said, promising more litigation. 

The ACLU has been a consistent critic of the law since the initial challenge was filed.

Florida’s law — Senate Bill 264, part of a package championed by Gov. Ron DeSantis — bars people who are domiciled in China and who are not U.S. citizens or green-card holders from buying Florida land, while offering narrow carve-outs (like allowing some non-tourist visa holders to buy a single residential parcel but it must be located a certain distance away from military installations). 

DeSantis hailed the measure when he signed it as a way to shield Americans from the supposed influence of the Chinese Communist Party.

Not everyone on the appeals panel was sold. 

Judge Charles Wilson dissented, warning that regulation of foreign investment is “a quintessentially federal arena” and arguing that Florida’s law risks being preempted by federal statutes — a point that echoes past rulings finding state overreach when it comes to foreign affairs and commerce. 

Wilson’s dissent is a reminder that the judiciary isn’t monolithic even within a single panel.

Cue the policy parade: more than 30 state legislatures have flirted with or passed versions of foreign-purchase restrictions in recent years, and business groups have warned these laws could chill investment and invite legal chaos. 

Supporters pitch them as protective armor against foreign espionage, land-banking near military bases, and undue influence; Critics call them discriminatory relics — revivals of century-old “alien land laws” that once barred immigrants from owning property solely because of nationality.

The practical effect of the ruling for now: Florida may move forward with enforcement in some cases while litigation proceeds. The 11th Circuit previously paused enforcement while the appeal moved through the courts; today’s opinion loosens that stay for at least some applications of the statute. 

For lawmakers elsewhere who want to follow Florida’s lead, the decision is the sort of judicial encouragement that says, “Go on, try it — the courts may not slam the door immediately.”

Satirical takeaway: in a state famous for theme-park moguls, condo towers and occasional headline-making chaos, land ownership has become another venue for political theater. 

Whether you interpret the ruling as patriotic protection or an awkward constitutional experiment may depend on whether you prefer your property laws seasoned with national-security rhetoric or constitutional-pretzel logic. 

Either way, if you were hoping to buy a seaside bungalow, you might now need to check not only your mortgage pre-approval, but also your nationality and domicile paperwork — and possibly a rule-book on preemption.

Foreign Purchases of U.S. Farmland Made Near Government Installations Under Scrutiny

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