H-3978.1          _______________________________________________

 

                                  HOUSE BILL 2607

                  _______________________________________________

 

State of Washington              52nd Legislature             1992 Regular Session

 

By Representatives Hargrove, Jones, Heavey, Morton, Grant, Fuhrman, Cooper and Schmidt

 

Read first time 01/22/92.  Referred to Committee on Natural Resources & Parks.Restricting alien ownership of land.


     AN ACT Relating to alien land ownership; amending RCW 64.16.005; and creating a new section.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

     Sec. 1.  RCW 64.16.005 and 1967 c 163 s 2 are each amended to read as follows:

     (1) Except as provided in subsections (2) and (3) of this section, any alien may acquire and hold lands, or any right thereto, or interest therein, by purchase, devise or descent; and he may convey, mortgage and devise the same, and if he shall die intestate, the same shall descend to his heirs, and in all cases such lands shall be held, conveyed, mortgaged or devised, or shall descend in like manner and with like effect as if such alien were a native citizen of this state or of the United States.

     (2) No natural person may acquire directly or indirectly any interest in agricultural, forest, or mineral land designated by cities and counties in accordance with chapter 36.70A RCW unless the person is a citizen of the United States or a permanent resident alien of the United States.

     (3) No corporation, partnership, limited partnership, trustee, or other business entity may directly or indirectly, acquire or otherwise obtain any interest, whether legal, beneficial, or otherwise, in any title to agricultural, forest, or mineral land designated by cities and counties unless at least eighty percent of each class of stock issued and outstanding or eighty percent of the ultimate beneficial interest of the entity is held directly or indirectly by citizens of the United States or permanent resident aliens of the United States.

     (4) The restrictions on alien land ownership contained in subsections (2) and (3) of this section do not apply to:

     (a) Land that may be acquired by devise, inheritance, as security for indebtedness, by process of law in collection of debts, or by any procedure for the enforcement of a lien or claim thereon, whether created by mortgage or otherwise.  Land acquired in the collection of debts or by the enforcement of a lien or claim shall be disposed of within three years of acquiring ownership; or

     (b) Citizens or subjects of a foreign country whose rights to hold land are secured by treaty.

 

     NEW SECTION.  Sec. 2.      (1) This act applies prospectively only and not retroactively.  It applies only to causes of action which arise on or after the effective date of this act.

     (2) This act does not affect, adversely or otherwise, any title to any lands or any interest in any lands held or claimed by any private person or corporation prior to the effective date of this act.