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OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
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Honorable Llnton S. Savage
title either legal or equitable in or to any
lands in the State of Texas, exoept as herein-
after pr0viaea.n .
Article 167. "This tit18 shall not apply
. to any land now owned in this State by aliens,
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552
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Eonorable L&ton, S. Savage, Page 2 i
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not acquired in violation of any laws of this State,
ao long as it is held by the present owners; nor to
lots or par&e18 of land owned by aliens in any%noor-
: poratea town'or city of this State, nor the follow-
lng classes of aliens, who are, or who shall beoome
bona rid8 inhabitants of this State, so long as they
shall continue to be bonn fide inhabitants of this
State:
"1. Aiiens who were bone'fide inhabitants of this
Stat8 on the date on which this Act beoomes a law.
“2. Aliens eli.gibleto citizenship in the United
States who shall become bona fide inhabitants of this
State, and who shall, in conformity with the naturali-
zation la?3 of the tlnitedStates, have declared their
$ntention to beoome oitizens ofthe United States.
.I.
“3. Aliens who'are natural born Oitiz8nS'of na-
tions whioh have a oomnon land boundary with the
United States,.
"4. Ali8I.U who are'oitizens or sub,jeotsof 3 na-
tion which now pernits oitizens of this State to own
land in fee in such oountry."
Article 168. "Any resident alien who shall ao-
quire land under any provision of~the preoeding ar-
tiole shall have five years after he shall cease to
be a bona fide inhabitant of this State in VihiOhto
alienate said land.* .~
Article 169. "The provisions of this title shall
not prevent aliens or alien oorporations froixlending
nohey secured by lien upon real estate or any interest
therein, nor from enforoing any such lien, nor from ao-
ouiring and holding title to such real estate or any
interest therein When Sold for the purpose Of enforcing '
such lien, or for enforoing the oolle,otionof a debt."
Article 170. =A11 aliens and all alien oorpora-
tions who are prohibited from owning land in this
StSte under the provisions of this title,.who shall
th8reQft8r acquire.real estate in Texas by devise,'
descent, or by purahase as p8IBIittedby this title,
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553
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sonorable Linton ST Savage, Page s
may hold 8-e for fife years, and if such alien Is
a minor, he may ho,ldsame for five years after at-
taining his majority, or if of unsound mind for five
years after the appointment of a legal guardiy.n
. Z'-,
Artiole 191: "Any alien who shall hereafter ao-.
quire lands in Texas, in contravention of the provi-
sions of this title, may, nevertheless, oonvey th8
fee simple title thereof at any time before the insti-
tution of escheat prooeedlnes as hereinafter provided,
If any such conveyance shall be mad8 '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 title, such convey-
anoe shall be null,.
and void: and any such land so con-
veyed shall be for+'eitedand escheated to the State.*
?a
Article 172. "The Attorney General or the dis-
trict or county attorney when he shall-be infOrEI8dor
have reason to believe that lands in this State are
being held contrary to the provisions of this tit18
shall institute suit in behalf of the State of Texas
praying for the escheat of the sane on behalf of the
State."
Article 1%. "No alien shall ever be appointed
or permitted to qualify as guardian of thefstate of
any minor or person of unsound mind, or as exeoutor
or administrator of the estate of any desoendent (de-
cedent) in the State, unless he is permitted to own
land under the provisions of this title."
Artiole 174, Wo corporation in whioh the najor-
ity of the capital stock is legally or equitably owned
by aliens prohibited by law from owning land in Texas
shall acquire title to or own any lands in Texas or any
leasehold or other interest in such lands exoept as here-
inafter provided and land so owned shall b8 subjeot to
esoheat as though owned by a non-resident alien."
Ar&icle 175. "Land owned in trust, either by an
alien or by a citizen of the United States, for th8
benefioial use of any alien or aliens, or any corpora-
tion~prohibited from owning land in this State under
the provisions of this title, shall be subject to ez-
cheat as though the legal title thereto was in such
alien or corporation."
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JionorableLinton S. Savage, Page 4
Artiole 176. "All alien (8) and all alien oor-
porations now ooming lands in this State shall on or
before the last day of January 1926 file's written
report under oath, with the clerk of the oounty!&urt
. “of the oounty in vrhich suoh land is located, giving
the name; age, ocoupation, personal description, place
.Of birth, last foreign residenoe and allegiance, the
date and plaoe of arrival of said alien in the United
~States;and his or her present residence and post-of-
fice address, and the length of time of residence in
Texas, the foreign prinoe, potentate, State or sover-
eignty, of which the alien may at the time be a citi-
.zen or subject, and the number of aores of land ov.?led
by such alien in such county, the name and number of
the survey, the abstract and certificate number, the
name of the person or persons, from whom acquired, ana
shall either describe said land by metes and bounds,
or refer to records-.Z in viMoh save is so described,
which report shall be known as 'RRFORT OF ALIZH OXZR- I
SHIP. All aliens and all alien corporations here-
after purchasing, or in any'menner acquiring lands
located in Texas shall within six months after such
purchase, or acquisition, file with.the county clerk
of th8 county in which such land is located, a 'Re-
port of Alion Ownership,'~in.terms as above required.
Any alien or alien oorporation who may now own land 1
in Texas, or who may hereafter aoquire any land in I
Texas, by purohase or otherwise, who does not within
th8 time Presoribed in,this artloli?, fila the reports
herein provided for, shall bc subject to have such !
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land forfeited and esoheated to the State of Texas. I
The reports herein required shall, when the alien is !
a minor or insane person, be filed by the parent or
guardian of suoh alien. The,county clerk of each
county shall file and record the reports above pro-.
vided forin a separate volume, to be entitled !RE-
CORD OP ALIRN O:"MD IANDS' forsaid county. TiM re-
cording of such reports
rohibited from
owning land in Texas under Articl??i67, must the cor-
poration comply with.the provisions of Article 176?t1
Since Opinion No. 2667, supra’,holds thet all aliens
must report land owned by them irrespective of whether or not
they fall within any of the exemptinns of Article 167, and
since said o$nion holds that a corporation,a majority of whose
stock is owned by aliens,is an “alien corporation” within the
meaning of title 5, it follows that the corporation referred
to in your letter must report land owned by it in complianoe
with Article 176.
*S.;‘Article167 (4) provides ‘Aliens who are oiti-
,.%ensor subjects of a nation which now permits citi-.~
zens of this state to own land in fxin such country,’
Does this provision refer to the year 1854 when the
statute was passed, or to the date of acquisition of
the land by the corporation?*~
In view of our answer to your first two questions,
Your third question becomes immaterial, since the corporation
is required to make report of its land In any event.
“4. Assuming it is necessary for the instant
corporation to file a report of alien ownership as
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Honorable Finton 9. Savage, Page 7
provided for in Artio1.e 176, would a report filed
more than six months after the date of the aoquisi-
~tion of the land prevent esoheat by the State?”
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Article 176 provides ln~part: ;:- ’
.a,
DAll aliens and’all alien corporations hereafter
ourcha’sinn.or in any manner aoquiring lands located
In Texas ,-&all, within six months after suah pur-
ohase or aaquisition, file with the county alerk of
the county in which suoh land is located, a ‘Report
of Alien bwnershipt in terms as above required.- Any s,,
alien or alien corporation who may now own land in.
Texas, or who may hereafter acquire any land in Texas,
by purchase or otherwke, who does not-within the -
timeiprescrlbcd insia artiola, file the I?;~;?%~~
here n orovided for, shall be subject to h
Iand forfeited and esoheated to thestate of Texas,”
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(Xmphasis ours~.)
It is the mar&e& intention of the Legislature by
the foregoing language to subjeot to the penalty of escheat
any alien or alien oorporation who does not file a report of
alien ovmership.of land within six months of acquisition,
%. Assuming that the instant corporation must
execute a report of alien ownership, whet should be
the general form and requisites of said report?”
The form and requisites of the report of~alien owner-
ahip are set out in detail in the first,part of prticlo 176,
quoted above,
Vre shall aopreciate your giving us the name and full
5Wtlculnrs of the corporation to which you refer, so that we
ay determine what action this Department may be required.to
Vako in discharge of the duty imposed by Article 172,
‘Tours very truly’
ATTOFUEY GEWtAL OF TX%%
Walter R. Xoch
Assistant .