Arkansas Alien Land Act

ACT 249.

AN ACT to Prescribe 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 with reference Thereto Requiring Reports of Certain Property owners to Fecilitate the inforcement of this Act; Prescribing Penalties for violation of this Act: To Repeal all Acts or parts of Acts in conflict Herewith and to Declare an Emergency.

Sections:

1. Aliens eligible for citizenship, property rights subject to this act.
2. All others subject to U.S. Treaties.
3. Same, corporations, ineligible foreigners.
4. Same, trustees, guardians, removal of appointment.
5. Trustee defined, annual reports of.
6. All property required in violation of this act to revert to state, proceedings, lien acquired, property, limitation on.
7. Estates less than the fee, same, sales, stock in land, same.
8. Conveyances under this act, to avoid it, legal presumptions.
9. Penalty for violation.
10. Repealing clause, emergency, in force from passage.

Be It Enacted by the General Assembly of the State of Arkansas

Be It Enacted by the People of the State of Arkansas.

Section 1. All aliens eligible to citizenship under the laws of the United States may acquire, possess, enjoy, use, cultivate, occupy, transfer, transmit and inherit real property, or any interest therein, in this State, and have in whole or in part the beneficial use thereof, in the same manner and to the same extent as citizens of 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, use cultivate occupy and transfer real property, or any interest therein, in this State, and have in whole or in part the beneficial use thereof, 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 other wise. . . .

Section 6. Any real property hereafter acquired in fee in violation of the provisions of this Act, any alien mentioned in section two of this Act, or by any company, association or corporation mentioned in section three of this Act, shall escheat as of the date of such acquiring, to, and become and remain the property of the State of Arkansas. The attorney general or Prosecuting Attorney of the proper county shall institute proceedings to have the esheat of such real property adjudged and enforced in the manner provided by law for the enforcement of escheats to this state. Upon the entry of final judgment in such proceedings, the title to such real property shall pass to the state of Arkansas, as of the date of such acquisition in violation of the provisions of this Act. 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, association or corporation acquiring the same in such manner. No alien, company association or corporation mentioned in section two or section three thereof 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 7. Any leasehold or other interest in real property less than the fee, including cropping contracts which are hereby declared to constitute an 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 association or corporation mentioned in section three of this act, shall escheat to the state of Arkansas, as of the date of such acquiring in violation of the provisions of this Act. The institute proceedings to have such escheat adjudged and enforced in the same manner as is provided in section six of this Act. . . .

Section 9. If any person shall violate any of the provisions of this Act or any two or more persons con- spire to violate the same they shall be deemed guilty of a felony and upon conviction shall be punished by imprisonment in the State Penitentiary for a period of not less than one year nor more than five years. . . .

Approved: March 27, 1925.