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Amendment #1 - Relating to Property Rights/Ineligible Aliens

POSTED: Thursday, October 9, 2008


Official Ballot Summary: Proposing an amendment to the State Constitution to delete provisions authorizing the Legislature to regulate or prohibit the ownership, inheritance, disposition, and possession of real property by aliens ineligible for citizenship.


This amendment asks you to remove an 82-year-old rule from the Florida State Constitution, one that has never been put to use.

It has been called the ?Alien Land Law? and, as written, allows Florida lawmakers to exclude people who are not U.S. citizens from the right to own property.

This exception to the Constitution?s article on equal rights was originally created in 1926, when many states were creating the same kind of restrictions on Asian immigrants. At the time, Asians were feared and discriminated against as a ?yellow peril."

Florida is currently the only remaining state with this type of alien land law. No Florida statute prohibits non-citizens from owning property, which makes the Constitutional provision all but moot. It has never been invoked.

By putting this amendment on the ballot, the Florida Legislature is asking voters to remove an archaic and discriminatory provision.

What It Means:

A "YES" vote means: You favor removing the alien land law

A "No" vote means: You would leave it in the Constitution

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