Japan and the California Problem Part 11

CALIFORNIA'S ALIEN LAND LAW

(Approved May 19, 1913)

_The people of the State of California do enact as follows_:

=Section 1.=--All aliens eligible to citizens.h.i.+p under the laws of the United States may acquire, possess, enjoy, transmit, and inherit real property, or any interest therein, in this State, in the same manner and to the same extent as citizens of the United States, except as otherwise provided by the laws of this State.

=Section 2.=--All aliens other than those mentioned in section one of this act may acquire, possess, enjoy, and transfer real property, or any interest therein, in this State, in the manner and to the extent and for the purposes prescribed by any treaty now existing between the Government of the United States and the nation or country of which such alien is a citizen or subject and not otherwise, and may in addition thereto lease lands in this State for agricultural purposes for a term not exceeding three years.

=Section 3.=--Any company, a.s.sociation, or corporation organized under the laws of this or any other State or nation, of which a majority of the members are aliens other than those specified in section one of this act, or in which a majority of the issued capital stock is owned by such aliens, may acquire, possess, enjoy, and convey real property, or any interest therein in this State, in the manner and to the extent and for the purposes prescribed by any treaty now existing between the Government of the United States and the nation or country of which such members or stockholders are citizens or subjects, and not otherwise, and may in addition thereto lease lands in this State for agricultural purposes for a term not exceeding three years.

=Section 4.=--Whenever it appears to the court in any probate proceeding that by reason of the provisions of this act any heir or devisee cannot take real property in this State which, but for said provisions, said heir or devisee would take as such, the court, instead of ordering a distribution of such real property to such heir or devisee, shall order a sale of said real property to be made in the manner provided by law for probate sales of real property, and the proceeds of such sale shall be distributed to such heirs or devisee in lieu of such real property.

=Section 5.=--Any real property hereafter acquired in fee in violation of the provisions of this act by any alien mentioned in section two of this act, or by any company, a.s.sociation or corporation mentioned in section three of this act, shall escheat to, and become and remain the property of the State of California. The attorney general shall inst.i.tute proceedings to have the escheat of such real property adjudged and enforced in the manner provided by section 474 of the Political Code and t.i.tle eight, part three of the Code of Civil Procedure. Upon the entry of final judgment in such proceedings, the t.i.tle to such real property shall pa.s.s to the State of California. The provisions of this section and of sections two and three of this act shall not apply to any real property hereafter acquired in the enforcement or in satisfaction of any lien now existing upon, or interest in such property, so long as such real property so acquired shall remain the property of the alien, company, a.s.sociation or corporation acquiring the same in such manner.

=Section 6.=--Any leasehold or other interest in real property less than the fee, hereafter acquired in violation of the provisions of this act by any alien mentioned in section two of this act, or by any company, a.s.sociation or corporation mentioned in section three of this act, shall escheat to the State of California. The attorney general shall inst.i.tute proceedings to have such escheat adjudged and enforced as provided in section five of this act. In such proceedings the court shall determine and adjudge the value of such leasehold, or other interest in such real property, and enter judgment for the State for the amount thereof together with costs. Thereupon the court shall order a sale of the real property covered by such leasehold, or other interest, in the manner provided by section 1271 of the Code of Civil Procedure. Out of the proceeds arising from such sale, the amount of the judgment rendered for the State shall be paid into the State Treasury and the balance shall be deposited with and distributed by the court in accordance with the interest of the parties therein.

=Section 7.=--Nothing in this act shall be construed as a limitation upon the power of the State to enact laws with respect to the acquisition, holding or disposal by aliens of real property in this State.

=Section 8.=--All acts and parts of acts inconsistent or in conflict with the provisions of this act, are hereby repealed.

APPENDIX D

ALIEN LAND LAW

(Adopted November 2, 1920)

PROPERTY RIGHTS AND DISABILITIES OF ALIENS IN CALIFORNIA

=Alien Land Law.= Initiative Act. Permits Acquisition and Transfer of Real Property by Aliens Eligible to Citizens.h.i.+p, to Same Extent as Citizens Except as Otherwise Provided by Law; Permits Other Aliens, and Companies, a.s.sociations, and Corporations in Which they Hold Majority Interest, to Acquire and Transfer Real Property Only as Prescribed by Treaty, but Prohibiting Appointment Thereof as Guardians of Estates of Minors Consisting Wholly or Partially of Real Property or Shares in Such Corporations; Provides for Escheats in Certain Cases; Requires Reports of Property Holdings to Facilitate Enforcement of Act; Prescribes Penalties and Repeals Conflicting Acts.

_An act relating to the rights, powers, and disabilities of aliens and of certain companies, a.s.sociations, and corporations with respect to property in this State, providing for escheats in certain cases, prescribing the procedure therein, requiring reports of certain property holdings to facilitate the enforcement of this act, prescribing penalties for violation of the provisions hereof, and repealing all acts or parts of acts inconsistent or in conflict herewith._

_The people of the State of California do enact as follows_:

=Section 1.=--All aliens eligible to citizens.h.i.+p under the laws of the United States may acquire, possess, enjoy, transmit, and inherit real property, or any interest therein, in this State, in the same manner and to the same extent as citizens of the United States, except as otherwise provided by the laws of this State.

=Section 2.=--All aliens other than those mentioned in section one of this act may acquire, possess, enjoy, and transfer real property, or any interest therein, in this State, in the manner and to the extent and for the purpose prescribed by any treaty now existing between the Government of the United States and the nation or country of which such alien is a citizen or subject, and not otherwise.

=Section 3.=--Any company, a.s.sociation or corporation organized under the laws of this or any other State or nation, of which a majority of the members are aliens other than those specified in section one of this act, or in which a majority of the issued capital stock is owned by such aliens, may acquire, possess, enjoy, and convey real property, or any interest therein, in this State, in the manner and to the extent and for the purposes prescribed by any treaty now existing between the Government of the United States and the nation or country of which such members or stockholders are citizens or subjects, and not otherwise. Hereafter all aliens other than those specified in section one hereof may become members of or acquire shares of stock in any company, a.s.sociation or corporation that is or may be authorized to acquire, possess, enjoy or convey agricultural land, in the manner and to the extent and for the purposes prescribed by any treaty now existing between the Government of the United States and the nation or country of which such alien is a citizen or subject, and not otherwise.

=Section 4.=--Hereafter no alien mentioned in section two hereof and no company, a.s.sociation or corporation mentioned in section three hereof, may be appointed guardian of that portion of the estate of a minor which consists of property which such alien or such company, a.s.sociation or corporation is inhibited from acquiring, possessing, enjoying or transferring by reason of the provisions of this act. The public administrator of the proper county, or any other competent person or corporation, may be appointed guardian of the estate of a minor citizen whose parents are ineligible to appointment under the provisions of this section.

On such notice to the guardian as the court may require, the superior court may remove the guardian of such an estate whenever it appears to the satisfaction of the court:

(_a_) That the guardian has failed to file the report required by the provisions of section five hereof; or

(_b_) That the property of the ward has not been or is not being administered with due regard to the primary interest of the ward; or

(_c_) That facts exist which would make the guardian ineligible to appointment in the first instance; or

(_d_) That facts establis.h.i.+ng any other legal ground for removal exist.

=Section 5.=--(_a_) The term "trustee" as used in this section means any person, company, a.s.sociation or corporation that as guardian, trustee, attorney-in-fact or agent, or in any other capacity has the t.i.tle, custody or control of property, or some interest therein, belonging to an alien mentioned in section two hereof, or to the minor child of such an alien, if the property is of such a character that such alien is inhibited from acquiring, possessing, enjoying or transferring it.

(_b_) Annually on or before the thirty-first day of January every such trustee must file in the office of the Secretary of State of California and in the office of the county clerk of each county in which any of the property is situated, a verified written report showing:

(1) The property, real or personal, held by him for or on behalf of such an alien or minor;

(2) A statement showing the date when each item of such property came into his possession or control;

(3) An itemized account of all expenditures, investments, rents, issues, and profits in respect to the administration and control of such property with particular reference to holdings of corporate stock and leases, cropping contracts, and other agreements in respect to land and the handling or sale of products thereof.

(_c_) Any person, company, a.s.sociation or corporation that violates any provision of this section is guilty of a misdemeanor and shall be punished by a fine not exceeding one thousand dollars or by imprisonment in the county jail not exceeding one year, or by both such fine and imprisonment.

(_d_) The provisions of this section are c.u.mulative and are not intended to change the jurisdiction or the rules of practice of courts of justice.

=Section 6.=--Whenever it appears to the court in any probate proceeding that by reason of the provisions of this act any heir or devisee cannot take real property in this State or members.h.i.+p or shares of stock in a company, a.s.sociation or corporation which, but for said provisions, said heir or devisee would take as such, the court, instead of ordering a distribution of such property to such heir or devisee, shall order a sale of said property to be made in the manner provided by law for probate sales of property and the proceeds of such sale shall be distributed to such heir or devisee in lieu of such property.

=Section 7.=--Any real property hereafter acquired in fee in violation of the provisions of this act by any alien mentioned in section two of this act, or by any company, a.s.sociation or corporation mentioned in section three of this act, shall escheat to, and become and remain the property of the State of California. The attorney general or district attorney of the proper county shall inst.i.tute proceedings to have the escheat of such real property adjudged and enforced in the manner provided by section four hundred seventy-four of the Political Code and t.i.tle eight, part three of the Code of Civil Procedure. Upon the entry of final judgment in such proceedings, the t.i.tle to such real property shall pa.s.s to the State of California. The provisions of this section and of sections two and three of this act shall not apply to any real property hereafter acquired in the enforcement or in satisfaction of any lien now existing upon, or interest in such property, so long as such real property so acquired shall remain the property of the alien, company, a.s.sociation or corporation acquiring the same in such manner. No alien, company, a.s.sociation or corporation mentioned in section two or section three hereof shall hold for a longer period than two years the possession of any agricultural land acquired in the enforcement of or in satisfaction of a mortgage or other lien hereafter made or acquired in good faith to secure a debt.

=Section 8.=--Any leasehold or other interest in real property less than the fee, hereafter acquired in violation of the provisions of this act by any alien mentioned in section two of this act, or by any company, a.s.sociation or corporation mentioned in section three of this act, shall escheat to the State of California. The attorney general or district attorney of the proper county shall inst.i.tute proceedings to have such escheat adjudged and enforced as provided in section seven of this act. In such proceedings the court shall determine and adjudge the value of such leasehold or other interest in such real property, and enter judgment for the State for the amount thereof together with costs. Thereupon the court shall order a sale of the real property covered by such leasehold, or other interest, in the manner provided by section twelve hundred seventy-one of the Code of Civil Procedure. Out of the proceeds arising from such sale, the amount of the judgment rendered for the State shall be paid into the state treasury and the balance shall be deposited with and distributed by the court in accordance with the interest of the parties therein. Any share of stock or the interest of any member in a company, a.s.sociation or corporation hereafter acquired in violation of the provisions of section three of this act shall escheat to the State of California. Such escheat shall be adjudged and enforced in the same manner as provided in this section for the escheat of a leasehold or other interest in real property less than the fee.

=Section 9.=--Every transfer of real property, or of an interest therein, though colorable in form, shall be void as to the state and the interest thereby conveyed or sought to be conveyed shall escheat to the State if the property interest involved is of such a character that an alien mentioned in section two hereof is inhibited from acquiring, possessing, enjoying or transferring it, and if the conveyance is made with intent to prevent, evade or avoid escheat as provided for herein.

A _prima facie_ presumption that the conveyance is made with such intent shall arise upon proof of any of the following groups of facts:

(_a_) The taking of the property in the name of a person other than the persons mentioned in section two hereof if the consideration is paid or agreed or understood to be paid by an alien mentioned in section two hereof;

(_b_) The taking of the property in the name of a company, a.s.sociation or corporation, if the members.h.i.+p or shares of stock therein held by aliens mentioned in section two hereof, together with the members.h.i.+ps or shares of stock held by others but paid for or agreed or understood to be paid for by such aliens, would amount to a majority of the members.h.i.+p or the issued capital stock of such company, a.s.sociation or corporation;

(_c_) The execution of a mortgage in favor of an alien mentioned in section two hereof if said mortgagee is given possession, control or management of the property.

The enumeration in this section of certain presumptions shall not be so construed as to preclude other presumptions or inferences that reasonably may be made as to the existence of intent to prevent, evade or avoid escheat as provided for herein.

=Section 10.=--If two or more persons conspire to effect a transfer of real property, or of an interest therein, in violation of the provisions hereof, they are punishable by imprisonment in the county jail or State penitentiary not exceeding two years, or by a fine not exceeding five thousand dollars, or both.

=Section 11.=--Nothing in this act shall be construed as a limitation upon the power of the State to enact laws with respect to the acquisition, holding or disposal by aliens of real property in this State.

=Section 12.=--All acts and parts of acts inconsistent or in conflict with the provisions hereof are hereby repealed; _provided_, that--

(_a_) This act shall not affect pending actions or proceedings, but the same may be prosecuted and defended with the same effect as if this act had not been adopted;

(_b_) No cause of action arising under any law of this State shall be affected by reason of the adoption of this act whether an action or proceeding has been inst.i.tuted thereon at the time of the taking effect of this act or not and actions may be brought upon such causes in the same manner, under the same terms and conditions, and with the same effect as if this act had not been adopted.