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F I S C A L I M P A C T R E P O R T

SPONSOR McSorley

DATE TYPED 02/23/05 HB

SHORT TITLE Protection of Right to Own Property, CA

SB SJR 10

ANALYST Ford

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Attorney General (AGO)

Department of Public Safety (DPS)

SUMMARY

Synopsis of Bill

Senate Joint Resolution 10 proposes to amend Article 2 of the New Mexico state constitution by

repealing Section 22, which bars any person who is ineligible to citizenship, or corporation, co-

partnership or association owned by such persons, from owning property, unless otherwise pro-

vided by law. The proposed amendment is subject to approval by the voters.

Significant Issues

Section 45-2-111 NMSA 1978 provides for an alien to own property:

45-2-111. Alienage

A. No individual is disqualified to take as an heir because the individual or an individual

through whom he claims is or has been an alien.

B. Aliens shall have full power and authority to acquire or hold real property and per-

sonal property by deed, will, inheritance or otherwise and to alienate, sell, assign and

Senate Joint Resolution 10 -- Page 2

transfer any property to their heirs or other persons, whether the heirs or other persons

are, or are not, citizens of the United States.

C. When an alien having title or interest in any real property dies, the real property

shall descend and vest in the same manner as if the alien were a citizen of the United

States. The heir of an alien, whether the heir is an alien or not, shall have the same rights

and resources and shall, in all respects, be treated on the same footing as a native citizen

of the United States with respect to the personal estate of an alien dying intestate, and all

persons interested in the estate, under the laws of New Mexico, whether aliens or not.

The AGO has opined that since this law was enacted subsequent to Article 2, Section 22 (which

was added to the constitution in 1921), it operates to suspend the prohibition against ownership

of real property persons ineligible to citizenship.

EF/lg