Japan and the California Problem

by T. Iyenaga; Kennosuke Sato

(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 Citizenship, to Same Extent as Citizens Except as Otherwise Provided by Law; Permits Other Aliens, and Companies, Associations, 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, associations, 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 citizenship 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, association 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, association 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, association 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, association 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: