Chapter 340. to restrict the ownership of real estate in the Territories to American citizens, and so forth
560 words·~3 min read·
/statutes-at-large/vol-24/chapter-340-2026645·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 340.— An Act to restrict the ownership of real estate in the Territories to American citizens, and so forth.Mar. 3, 1887. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Territories.Alien persons or corporations prohibited from acquiring real estate in. That it shall be unlawful for any person or persons not citizens of the United States, or who have not lawfully declared their intention to become such citizens, or for any corporation not created by or under the laws of the Uni ted Slates or of some State or Territory of the United States, to hereafter acquire, hold, or own real estate so hereafter acquired, or any interest therein, in any of the Exception.Territories of the United States or in the District of Columbia, except such as may be acquired by inheritance or in good faith in the ordinary course of *Proviso*.justice in the collection of debts heretofore created: *Provided*, That the prohibition of this section shall not apply to cases in which the right to Treaty-rights not impaired.hold or dispose of lands in the United States is secured by existing treaties to the citizens or subjects of foreign countries, which rights, so 477 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.
Sec. 2. That no corporation or association more than twenty perCorporation having morn than 20 percent of stock held by aliens prohibited from holding real estate. centum of the stock of which is or may be owned by any person or persons, corporation or corporations, association or associations, not citizens of the United States, shall hereafter acquire or hold or own any real estate hereafter acquired in any of the Territories of the United States or of the District of Columbia.
Sec. 3. That no corporation other than those organized for the constructionMaximum of land which may be held by corporations. or operation of railways, canals, or turnpikes shall acquire, hold, or own more than five thousand acres of land in any of the Territories of the United States; and no railroad, canal, or turnpike corporation shall hereafter acquire, hold, or own lands in any Territory, otherCongressional grants. than as may be necessary for the proper operation of its railroad, canal, or turnpike, except such lands as may have been granted to it by act of Congress, But the prohibition of this section shall not affect thePresent titles not affected. title to any lands now lawfully held by any such corporation.
Sec. 4. That all property acquired, held, or owned in violation of theProperty unlawfully held to be forfeited. provisions of this act shall be forfeited to the United States, and it shall be the duty of the Attorney-General to enforce every such forfeiture by bill in equity or other proper process. And in any suit or proceedingSuits. that may be commenced to enforce the provisions of this act, it shall be the duty of the court to determine the very right of the matter without regard to matters of form, joinder of parties, multifariousuess, or other matters not affecting the substantial rights either of the United States or of the parties concerned in any such proceeding arising out of the matters in this act mentioned.
Approved, March 3, 1887.