The Lawfare Podcast Lawfare Archive: Chinese Property Ownership and National Security
8 snips
Jun 1, 2025 
Matthew Erie, an Associate Professor at the University of Oxford and an expert on Chinese property ownership, dives into the hot topic of U.S. laws restricting property ownership for Chinese nationals, particularly focusing on a controversial Florida law. He discusses the ongoing legal battles challenging this law's constitutionality and the broader implications for property rights and discrimination. Erie also highlights the intricate relationship between property ownership and national security, and the significance of informed legislative action in the context of rising U.S.-China tensions.
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Florida's Two-Tier Property Law
- Florida's SB 264 law creates a two-tier system restricting Chinese and other foreign nationals' property ownership.
- It broadly bans Chinese nationals from owning real estate statewide, unlike other countries limited to areas near military sites.
Legal Challenge Could Shape Future
- Shen v. Simpson is the key legal challenge against Florida's law banning Chinese property ownership.
- Its outcome could either prevent or encourage similar laws nationwide, impacting future state legislation.
Constitutional Arguments in Lawsuit
- The lawsuit argues Florida's law violates equal protection, due process, and federal preemption principles.
- Central dispute revolves around whether non-citizens have constitutional rights to property ownership equal to citizens.