Guam § 1204 - Alien Ownership; Limitations; Escheat to the Government.

§ 1204. Alien Ownership; Limitations; Escheat to the Government.

(a) No alien or person who is not a citizen of the United States, or who has not declared his intention

to become a citizen of the United States in the manner provided by law shall acquire title to or own any

land in Guam except as hereinafter provided. The prohibition shall not apply to cases in which the right to

hold or dispose of lands in Guam is secured by existing treaties to citizens or subjects of foreign countries,

which rights so far as they exist by force of any such treaty, shall continue to exist so long as such treaties

are in force, and no longer. The prohibition shall not apply to ownership or lease of single family,

residential, apartment, or condominium type housing (one unit per alien family) and the land on which such

housing is located plus any interest in common elements including land associated with such housing, as

delineated in § 45106 of this Title. As used in this sub-paragraph “family” shall mean a husband, a wife

and dependent children, if any, or a widow or widower and dependent children, if any, or any unmarried

alien occupying his or her own dwelling.

(b) This section shall not apply to land owned in Guam by aliens, which was acquired on or before the

Treaty of Paris, of December 10, 1898, between the United States and Spain, so long as it is held by the

then owners, their heirs, or legal representatives.

(c) This section shall not prevent aliens resident in Guam from acquiring lands or any interest therein

by inheritance, succession, or in the ordinary course of justice. All lands so acquired shall be sold within

five years after title shall be perfected in such alien or it shall escheat to the government as hereinafter

provided.

(d) Any alien who shall hold lands in Guam in contravention of this section may nevertheless convey

his title thereto any time before the institution of proceedings as hereinafter provided. If such conveyance

shall be made by such alien to any other person, in trust and for the purpose and with the intention of

evading the provisions of this section, said conveyance shall be null and void, and any such lands so

conveyed shall be forfeited and escheat to the government.

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(e) It shall be the duty of the Attorney General of Guam, when he shall be informed or have reason to

believe that land in Guam is being held contrary to the provisions of this section, to institute escheat

proceedings in the Superior Court of Guam on behalf of the government.

(f) If it shall be determined upon the trial of any such escheat proceedings that the lands are held

contrary to the provisions of this section, the court shall render judgment condemning such lands and shall

order them to be sold as under execution; and the proceeds of such sale, after deducting the costs of such

suit, shall be paid to the clerk of the court. The clerk of the court shall deposit said sum in a bank licensed

to do business in Guam, where it shall be held for one year subject to the claims of the alien owners. Within

that period, if the alien owner of such lands, his heirs or legal representatives, appear before the Superior

Court, and establish a just claim to any or all of said fund, the Superior Court shall direct the claimants to

be paid therefrom. If not claimed within one year from the time of such deposit, said fund shall be delivered

to the Treasurer of Guam.

(g) Subject to the provisions regarding the lease or ownership of land and buildings as set forth in

Subsections (a) and (h) of this Section, the lease to aliens of real property in Guam for a longer period than

five (5) years is prohibited and void. The penalty for a violation of this Subsection shall be a fine of fifty

percent (50%) of the value of the lease for each year over five (5) years, one-half (1/2) to be paid by the

lessee and one-half (1/2) by the lessor, and an additional fine not exceeding One Hundred Dollars ($100.00)

to be paid by the lessor.

(h) This Section shall not apply to time-share estates as delineated in Chapter 47 of this Title, Time-

Share Ownership. Aliens and foreign corporations shall be allowed to acquire title to own or lease time-

share estates based on the following:

(1) no time-share estate shall be limited to any specific duration or period time;

(2) no alien or foreign corporation shall be limited to the number of time-share estates they

acquire title to, own or lease;

(3) occupancy or use of time-share estates shall not be limited to the “family,” as defined in

Subsection (a) of this Section; and

(4) aliens and foreign corporations shall have all the rights and incidents of ownership, or of their

particular non-ownership estate, and shall not be restricted with respect to their ability to sell, lease,

sublease or otherwise dispose of their time-share estates.