Legal Aspects of Alien Acquisition of Real Property


Book Description

The concept of the nation-state has as an essential element the control of territory, legal and political authority over the acquisition, ownership, use and disposition of land. The rapid increase during the 1970s in the pace of foreign 1 investment -with the acquisition of real property as a centerpiece-has stirred new concern for the ability and disability of aliens to invest in and acquire title 2 to the physical territory of a given state. With a variety of factors now stimulating 3 foreign investment in land, increased attention has been given in many countries to the role of the state in controlling, inhibiting or prohibiting investment in real property by aliens. English law long ago established that the alien would be subject to significant 4 disabilities in connection with the ownership of land. The imposition of similar 5 restrictions on aliens is found in the early law of most nation-states. Such disabilities have their roots in the feudal period, and it was not until the eighteenth century that the countries of Continental Europe abandoned the absolute 6 prohibition on succession to real property by aliens. The prohibition was replaced by a tax imposed on aliens who withdrew the property of the state of which the decedent was a citizen. Common Law rules restricting alien succession developed in the thirteenth century.




Japanese Immigrants and American Law


Book Description

First Published in 1995. Since many Japanese immigrants focused on agriculture, California and other western states sought to discourage their presense by passing laws making it impossible for Japanese to own agricultural land and enacted other discriminatory as well. The articles in this volume explore the background and ramifications of the so-called Alien Land laws and other anti-Japanese measures and the fascinating legal challenges that ensued.







The House on Lemon Street


Book Description

In 1915, Jukichi and Ken Harada purchased a house on Lemon Street in Riverside, California. Close to their restaurant, church, and children’s school, the house should have been a safe and healthy family home. Before the purchase, white neighbors objected because of the Haradas’ Japanese ancestry, and the California Alien Land Law denied them real-estate ownership because they were not citizens. To bypass the law Mr. Harada bought the house in the names of his three youngest children, who were American-born citizens. Neighbors protested again, and the first Japanese American court test of the California Alien Land Law of 1913—The People of the State of California v. Jukichi Harada—was the result. Bringing this little-known story to light, The House on Lemon Street details the Haradas’ decision to fight for the American dream. Chronicling their experiences from their immigration to the United States through their legal battle over their home, their incarceration during World War II, and their lives after the war, this book tells the story of the family’s participation in the struggle for human and civil rights, social justice, property and legal rights, and fair treatment of immigrants in the United States. The Harada family’s quest for acceptance illuminates the deep underpinnings of anti-Asian animus, which set the stage for Executive Order 9066, and recognizes fundamental elements of our nation’s anti-immigrant history that continue to shape the American story. It will be worthwhile for anyone interested in the Japanese American experience in the twentieth century, immigration history, public history, and law.