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Property Law and Real Estate

Citizenship

1948

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Constitutional Law -Equal Protection - California Alien Land Law, J. R. Mackenzie Apr 1948

Constitutional Law -Equal Protection - California Alien Land Law, J. R. Mackenzie

Michigan Law Review

A Japanese alien paid for some agricultural land in California which was conveyed to his seven-year-old citizen son. All records indicated that the son owned the land, although the father, his guardian, managed it. The California Alien Land Law prohibits ownership of any interest in agricultural land by aliens ineligible for citizenship. Property acquired in violation of the statute escheats as of the date of acquisition as does land transferred "with intent to prevent, evade, or avoid escheat." This intent is presumed prima facie whenever an ineligible alien pays the consideration for a transfer of land to one who may …