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48 USC CHAPTER 11 - ALIEN OWNERS OF LAND 01/06/03

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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 11 - ALIEN OWNERS OF LAND

-HEAD-

CHAPTER 11 - ALIEN OWNERS OF LAND

-MISC1-

Sec.

1501. Lands in Territories.

1502. Previously acquired lands; bona fide resident aliens;

mining or incorporated village lands.

1503. Acquisition by inheritance, in collection of debts,

etc.

1504. Conveyance of lands in Territories by aliens before

escheat proceedings.

1505. Proceedings for escheat of improperly held lands.

1506. Condemnation and sale of lands in escheat proceedings.

1507. Public lands.

1508. Application to District of Columbia.

1509 to 1512. Omitted.

-End-

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48 USC Sec. 1501 01/06/03

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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 11 - ALIEN OWNERS OF LAND

-HEAD-

Sec. 1501. Lands in Territories

-STATUTE-

No alien or person who is not a citizen of the United States, or

who has not declared his intention to become a citizen of the

United States in the manner provided by law shall acquire title to

or own any land in any of the Territories of the United States

except as hereinafter provided. The prohibition of this section

shall not apply to cases in which the right to hold or dispose of

lands in the United States is secured by existing treaties to

citizens or subjects of foreign countries, which rights, so far as

they may exist by force of any such treaty, shall continue to exist

so long as such treaties are in force, and no longer.

-SOURCE-

(Mar. 3, 1887, ch. 340, Sec. 1, 24 Stat. 476; Mar. 2, 1897, ch.

363, 29 Stat. 618.)

-COD-

CODIFICATION

Section was formerly classified to section 71 of Title 8, Aliens

and Nationality.

-End-

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48 USC Sec. 1502 01/06/03

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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 11 - ALIEN OWNERS OF LAND

-HEAD-

Sec. 1502. Previously acquired lands; bona fide resident aliens;

mining or incorporated village lands

-STATUTE-

This chapter shall not apply to land owned in any of the

Territories of the United States by aliens, which was acquired on

or before March 3, 1887, so long as it is held by the then owners,

their heirs or legal representatives, nor to any alien who shall

become a bona fide resident of the United States, and any alien who

shall become a bona fide resident of the United States, or shall

have declared his intention to become a citizen of the United

States in the manner provided by law, shall have the right to

acquire and hold lands in either of the Territories of the United

States upon the same terms as citizens of the United States. If any

such resident alien shall cease to be a bona fide resident of the

United States then such alien shall have ten years from the time he

ceases to be such bona fide resident in which to alienate such

lands. This chapter shall not be construed to prevent any persons

not citizens of the United States from acquiring or holding lots or

parcels of lands in any incorporated or platted city, town, or

village, or in any mine or mining claim, in any of the Territories

of the United States.

-SOURCE-

(Mar. 3, 1887, ch. 340, Sec. 2, 24 Stat. 477; Mar. 2, 1897, ch.

363, 29 Stat. 618.)

-COD-

CODIFICATION

Section was formerly classified to section 72 of Title 8, Aliens

and Nationality.

-End-

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48 USC Sec. 1503 01/06/03

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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 11 - ALIEN OWNERS OF LAND

-HEAD-

Sec. 1503. Acquisition by inheritance, in collection of debts, etc.

-STATUTE-

This chapter shall not prevent aliens from acquiring lands or any

interests therein by inheritance or in the ordinary course of

justice in the collection of debts, nor from acquiring liens on

real estate or any interest therein, nor from lending money and

securing the same upon real estate or any interest therein; nor

from enforcing any such lien, nor from acquiring and holding title

to such real estate, or any interest therein, upon which a lien may

have heretofore or may hereafter be fixed, or upon which a loan of

money may have been heretofore or hereafter may be made and

secured. All lands so acquired shall be sold within ten years after

title shall be perfected in him under said sale or the same shall

escheat to the United States and be forfeited as provided in

sections 1504 to 1507 of this title.

-SOURCE-

(Mar. 3, 1887, ch. 340, Sec. 3, 24 Stat. 477; Mar. 2, 1897, ch.

363, 29 Stat. 618.)

-COD-

CODIFICATION

Section was formerly classified to section 73 of Title 8, Aliens

and Nationality.

-End-

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48 USC Sec. 1504 01/06/03

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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 11 - ALIEN OWNERS OF LAND

-HEAD-

Sec. 1504. Conveyance of lands in Territories by aliens before

escheat proceedings

-STATUTE-

Any alien who shall hold lands in any of the Territories of the

United States in contravention of the provisions of this chapter

may nevertheless convey his title thereto at any time before the

institution of escheat proceedings as hereinafter provided. If any

such conveyance shall be made by such alien, either to an alien or

to a citizen of the United States, in trust and for the purpose and

with the intention of evading the provisions of this chapter, such

conveyance shall be null and void, and any such lands so conveyed

shall be forfeited and escheat to the United States.

-SOURCE-

(Mar. 3, 1887, ch. 340, Sec. 4, 24 Stat. 477; Mar. 2, 1897, ch.

363, 29 Stat. 618.)

-COD-

CODIFICATION

Section was formerly classified to section 74 of Title 8, Aliens

and Nationality.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1503 of this title.

-End-

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48 USC Sec. 1505 01/06/03

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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 11 - ALIEN OWNERS OF LAND

-HEAD-

Sec. 1505. Proceedings for escheat of improperly held lands

-STATUTE-

It shall be the duty of the Attorney General of the United

States, when he shall be informed or have reason to believe that

lands in any of the Territories of the United States are being held

contrary to the provisions of this chapter, to institute or cause

to be instituted suit in behalf of the United States in the

district court of the Territory in the district where such land or

a part thereof may be situated, praying for the escheat of the same

on behalf of the United States to the United States. Before any

such suit is instituted the Attorney General shall give or cause to

be given ninety days' notice by registered letter of his intention

to sue, or by personal notice directed to or delivered to the owner

of said land, or the person who last rendered the same for

taxation, or his agent, and to all other persons having an interest

in such lands of which he may have actual or constructive notice.

In the event personal notice cannot be obtained in some one of the

modes above provided, then said notice shall be given by

publication in some newspaper published in the county where the

land is situate, and if no newspaper is published in said county

then the said notice shall be published in some newspaper nearest

said county.

-SOURCE-

(Mar. 3, 1887, ch. 340, Sec. 5, as added Mar. 2, 1897, ch. 363, 29

Stat. 619.)

-COD-

CODIFICATION

Section was formerly classified to section 75 of Title 8, Aliens

and Nationality.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1503 of this title.

-End-

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48 USC Sec. 1506 01/06/03

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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 11 - ALIEN OWNERS OF LAND

-HEAD-

Sec. 1506. Condemnation and sale of lands in escheat proceedings

-STATUTE-

If it shall be determined upon the trial of any such escheat

proceedings that the lands are held contrary to the provisions of

this chapter, the court trying said cause shall render judgment

condemning such lands and shall order the same to be sold as under

execution; and the proceeds of such sale, after deducting costs of

such suit, shall be paid to the clerk of such court so rendering

judgment, and said fund shall remain in the hands of such clerk for

one year from the date of such payment, subject to the order of the

alien owner of such lands, or his heirs or legal representatives;

and if not claimed within the period of one year, such clerk shall

pay the same into the treasury of the Territory in which the lands

may be situated, for the benefit of the available school fund of

said Territory. The defendant in any such escheat proceedings may,

at any time before final judgment, suggest and show to the court

that he has conformed with the law, either becoming a bona fide

resident of the United States, or by declaring his intention of

becoming a citizen of the United States, or by the doing or

happening of any other act which, under the provisions of this

chapter, would entitle him to hold or own real estate, which being

admitted or proved, such suit shall be dismissed on payment of

costs and a reasonable attorney fee to be fixed by the court.

-SOURCE-

(Mar. 3, 1887, ch. 340, Sec. 6, as added Mar. 2, 1897, ch. 363, 29

Stat. 619.)

-COD-

CODIFICATION

Section was formerly classified to section 76 of Title 8, Aliens

and Nationality.

-End-

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48 USC Sec. 1507 01/06/03

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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 11 - ALIEN OWNERS OF LAND

-HEAD-

Sec. 1507. Public lands

-STATUTE-

This chapter shall not in any manner be construed to authorize

aliens to acquire title from the United States to any of the public

lands of the United States or to in any manner affect or change the

laws regulating the disposal of the public lands of the United

States.

-SOURCE-

(Mar. 3, 1887, ch. 340, Sec. 7, as added Mar. 2, 1897, ch. 363, 29

Stat. 619; amended Feb. 23, 1905, ch. 733, Sec. 1, 33 Stat. 733.)

-COD-

CODIFICATION

Act Feb. 23, 1905, set out as section 1508 of this title, made

sections 1501 to 1507 of this title applicable to the District of

Columbia, on the basis of which certain provisions of this section

were omitted.

Section was formerly classified to section 77 of Title 8, Aliens

and Nationality.

-End-

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48 USC Sec. 1508 01/06/03

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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 11 - ALIEN OWNERS OF LAND

-HEAD-

Sec. 1508. Application to District of Columbia

-STATUTE-

Aliens shall have the same rights and privileges concerning the

acquisition, holding, owning, and disposition of real estate in the

District of Columbia as are conferred upon aliens in respect of

real estate in the Territories of the United States by this

chapter.

-SOURCE-

(Feb. 23, 1905, ch. 733, Sec. 1, 33 Stat. 733.)

-COD-

CODIFICATION

Section was formerly classified to section 78 of Title 8, Aliens

and Nationality.

Section was not enacted as part of act Mar. 3, 1887, ch. 340, 24

Stat. 476, which comprises this chapter.

-MISC1-

REPEALS

Section 2 of act Feb. 23, 1905, repealed all laws and parts of

laws so far as they conflict with the provisions of this section.

-End-

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48 USC Secs. 1509 to 1512 01/06/03

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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 11 - ALIEN OWNERS OF LAND

-HEAD-

Secs. 1509 to 1512. Omitted

-COD-

CODIFICATION

Sections 1509 to 1512, relating to Territory of Hawaii, were

omitted in view of the admission of Hawaii into the Union. Sections

were formerly classified to sections 83 to 86 of Title 8, Aliens

and Nationality.

Section 1509, acts Apr. 30, 1900, ch. 339, Sec. 73(f), 31 Stat.

154; May 27, 1910, ch. 258, Sec. 5, 36 Stat. 444; July 9, 1921, ch.

42, Sec. 304, 42 Stat. 117, set out requirements for aliens who

would be entitled to receive any certificate of occupation, right

of purchase lease, cash freehold agreement, or special homestead

agreement in public lands in Hawaii. Section was also classified to

section 667 of this title.

Section 1510, acts Apr. 30, 1900, ch. 339, Sec. 73(g), 31 Stat.

154; May 27, 1910, ch. 258, Sec. 5, 36 Stat. 444; July 9, 1921, ch.

42, Sec. 304, 42 Stat. 117, restricted conveyance or other transfer

of public lands in Hawaii to aliens. Section was also classified to

section 668 of this title.

Section 1511, acts Apr. 30, 1900, ch. 338, Sec. 73(j), 31 Stat.

154; May 27, 1910, ch. 258, Sec. 5, 36 Stat. 444; July 9, 1921, ch.

42, Sec. 306, 42 Stat. 118, gave commissioner, with approval of

governor, the right to give preferences in purchasing of public

lands. Section was also classified to section 671 of this title.

Section 1512, acts Apr. 30, 1900, ch. 339, Sec. 73(l), 31 Stat.

154; May 27, 1910, ch. 258, Sec. 5, 36 Stat. 444; July 9, 1921, ch.

42, Sec. 308, 42 Stat. 118, authorized sale of agricultural land in

Hawaii for residential purposes to persons declaring intention to

become citizens. Section was also classified to section 673 of this

title.

-End-