SMCGS Databases: Reports Under Alien Land Law

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The California Alien Land Law of 1913, also known as the Webb-Haney Act for attorney Francis J. Heney and CA state attorney general  Ulysses S Webb who co-authored the bill. The law prohibited aliens who were ineligible for citizenship from owning or holding long term leases for agricultural land.  Leases up to three years were permitted.   The law was mainly enacted to stop the growing Japanese community from dominating the agriculture of California, but all Asian immigrants including Chinese, Koreans, Indians, etc. were included.  One work around to holding land was to have in put in the name of a minor child who was born in the United States, and therefor a citizen, and have a trustee control the land.  Land that had been owned by aliens prior to the enactment of the law might also be placed in the hands of an acceptable trustee.

Section 5a of the law as amended in 1923 defined the term "trustee" as any person, company, association or corporation that as guardian, trustee, attorney-in-fact or agent, or in any other capacity has the title, custody or control of property, or some interest therein, belonging to an alien mentioned in section two hereof, or to the minor child of such an alien, if the property is of such a character that such alien is inhibited from acquiring, possessing, enjoying or transferring it.

Section 5b goes on to state that "annually (b) Annually on or before the thirty-first day of January every such trustee must file in the office of the secretary of state of California and in the office of the county clerk of each county in which any of the property is situated, a verified written report showing :

1. The property, real or personal, held by him for or on behalf of such an alien or minor; 
2. A statement showing the date when each item of such property came into his possession or control; 
3. An itemized account of all expenditures, investments, rents, issues and profits in respect to the administration and control of such property with particular reference to holdings of corporate stock and leases, cropping contracts and other agreements in respect to land and the handling or sale of products thereof.

The following is an index to reports located in cabinet RC5B1-drawer 3 in the San Mateo County Record Center(1). You might also find these records in the Ancestry Collection California Alien Land Ownership Records.  If you do not have a subscription you can access Ancestry from many public libraries.  There might have been other reports filed in the county, these are the ones found in this drawer.

• Hagihara,Edwin Masaru (minor) age 21 on 8/31/1946 part of pulgas grant (1/31/1934-2/8/1943)
• Hagihara, Chisuko (minor) age 21 on 8/4/1944 part of pulgas grant (1/31/1934-1/31/1947)
• Yamada, Takuzo  (minor) Santa Ynez Park San Mateo (1/28/1927-1/25/1933)
• Yamada, Sieko  (minor) Santa Ynez Park San Mateo (1/11/1934-1/31/1938)
• Endo, Towru  (minor) San Mateo block 19  (1/29/1930)
• Endo, Katsuko  (minor) San Mateo block 19 (1/29/1930)
• Endo, Toshio  (minor) San Mateo block 19 (1/29/1930)
• Endo, Katsuji parent San Mateo block 19 (1/29/1930)
• Inouye, Hirosuke  (minor)  Valota Park (1/22/1935-1/27/1936)
• Takahashi, Kazuhide  (minor) Linda Vista ( 1/29/1930-1/25/1933)
• Murota, Toshiko Miller & Lux Lands by Flood Estate (1/30/1928-1/27/1931)
• Murota, Benji Miller & Lux Lands by Flood Estate (1/30/1928-1/27/1931)
• Shioya, Kiyo  Santa Cruz Ave - Menlo Park (2/3/1923-1/31/1929)
• Shioya, Shoichi Santa Cruz Ave - Menlo Park(2/3/1923-1/24/1932)
• Shioya, Yoshiko Santa Cruz Ave - Menlo Park (2/3/1923-1/31/1929) 
• Yamaguchi, Hisao D St, San Mateo  (1/31/1927-1/24/1935)
• Yamaguchi, Kunio D St, San Mateo (1/31/1927-1/24/1935)
• Itayama, ZH (trustee) Santa Inez Park (1/20/1947-1/25/1949)
• Itayama, Imiko (minor) Santa Inez Park (1/20/1947-1/25/1949)
• Hoshi, Imiko (minor) (see itayama) Santa Inez Park (1/20/1947-1/25/1949)

(1) To obtain copies of these reports, contact the San Mateo County Recorders office.  Be sure to give cabinet and drawer number as they are not familiar with these small record collections. 

More about Alien Land Laws on the West Coast

California Alien Land Law - Wikipedia

Alien Land Laws - Santa Cruz Public Library

Alien Land Cases in the California Supreme Court  California Law Review 1924

Alien Land Laws Densho Encyclopedia

White Supremacy and the Alien Land Laws of Washington State

SMCGS Database: Homesteads

Index to San Mateo County Homesteads Vol 1-4

We are all familiar with the Homestead Act of 1862 which helped populate the west by giving free land to those willing to settle and improve the land,  but that is not the basis for the Homestead Registers found in California.  

The California state archives gives the following description of the Homestead Registers in their collections: Homesteads Recorded declarations, and usually abandonments, of homestead indicating intent to use property as a place of residence. For declarations, contains name of homesteader, statements on marital status, residence on property, and intent to use property as a homestead, description and estimated value of land, date recorded, and signature of homesteader. Abandonments include statement of voluntary release of homestead rights, date of homestead, and signature of homesteader

Homestead Registers were the result of the approval of a "An Act to Exempt the Homestead from forced sale in certain cases" by the California State Legislature  on 21 April 1851.  The registers, however, do not appear to have been kept separately from other documents until the passage of an amendment to the original law on 28 Apr 1860.   

The San Mateo County registers start after that date as do those in the CA Archives collection.  Earlier declarations and abandonments would most likely be found in Miscellaneous Registers, Sole Trader Registers, or Deed Registers.

Basically the law gave a husband and/or wife (or a head of household) the right to declare, in writing, that a quantity of land with a dwelling house, on which they resided, was a homestead exemption from creditors.  The worth of the homestead could be no more than $5000. The declaration must be signed and recorded.  The 1860 amendment specified that husbands and wives were to be considered joint tenants of any homestead that either declared.

The law goes on to state that the exemption does not extended to any mechanic's, laborer's or vendor's lien which had been lawfully obtained or to any mortgage that was taken to purchase the homestead. Prior to an amendment approved on 12 May 1862 it was necessary to file an abandonment of homestead in order for a new lien, mortgage, etc. to be legal.  After that as long as all interested parties signed the new document the homestead was considered abandoned.


In 1860 the right to declare a residence a homestead was extended to all white residents regardless of whether they were married or head of a household.  The value of the homestead exemption allowed was set at $1000. The amount of land was set at 320 acres or if in city limits no more than 320 feet square.

California still allows homestead declarations. You can find many websites dealing with declaring a homestead today.  The following links are to background information on homestead legislation in California.

General Laws of the State of California, from 1850-1864 - Homesteads
Homestead Legislation in California

This index to San Mateo County Homestead filings covers the years 1860 through 1913.  Digital images of the recordings can be found on FamilySearch.  There are links to the online books at the beginning of the index.

Index to San Mateo County Homesteads Vol 1-4