Letter: Finds no Asian reference in amendment
Richard Welty
St. Augustine
Publication Date: 10/28/08
Editor: "Amendment -- Asian Property.'' That was the headline on the first inside page of your election guide. In that I know several Asians who own real property, I was concerned. I went to the source, the Florida Constitution, and lo and below that is not what Article 1, Section 2 reads. Instead it reads "...that the ownership, inheritance, disposition and possession of real property by aliens ineligible for citizenship may be regulated or prohibited by law.'' So, as long as an alien becomes a citizen, or is eligible for citizenship, he or she may own real property. The federal tax code on inheritance has restriction on inheritance by non-citizen spouses. This is nothing new nor is it aimed at any one class of persons, except for the class on non-citizen.
Why would I wish to do away with that? Most countries do not allow non-citizens to waltz into their territory and buy up real property just because they can afford it. I certainly don't want Hugo Chavez or his ilk to have unfettered access to real property in my country.
I think your guide to the general election was truly misleading. How about a correction?
EDITOR'S NOTE: The amendment explanation to which the writer refers was part of a compilation by The Associated Press and published in The St. Augustine Record's Generally Speaking voters guide on Oct. 12. According to a subsequent story by The Associated Press, "Amendment 1 on the Nov. 4 ballot would repeal a 1926 amendment that allowed the Legislature to ban "aliens ineligible for citizenship" -- an old code word for Asian immigrants -- from buying and owning real estate. Although the provision was never enforced and was invalidated by subsequent federal court rulings, backers of Amendment 1 believe the words should still be removed from the constitution."
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