Summary

Foreign companies seeking to access land in the United States have the option to lease or buy land from both private and public owners. It is not common for either domestic or foreign entities to buy government property, as the approval process is time-consuming. If several lessees are interested in leasing a particular parcel of publicly held land, a “request for proposal” process is conducted requiring all interested parties to compete for the land. In certain circumstances, it is possible to negotiate the lease or sale of publicly owned land without such a process. A foreign-owned company would typically not be legally required to perform environmental or social impact assessments in order to lease land already zoned for industrial use. However, certain public agencies may impose this obligation in accordance with the Department of Environmental Conservation before concluding a lease. Lease contracts offer the lessee the right to sublease, mortgage, or subdivide the land. Subdivision is subject to applicable zoning laws.