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What are interactual property rights?

What rights do American citizens have when their property in China is seized through eminent domain?

  • My grandfather recently passed away and passed on his house in Mainland China to my mother. My mother was a Chinese citizen until she moved to the United States in the 1990's and became a naturalized US citizen. Now, the local government is planning on seizing the property under eminent domain purposes. What rights would my family have in such circumstances? Are there any rights or protections that are extended by the US government for property owned by their citizen outside of the US?

  • Answer:

    None. Your mother would most likely have lost any claim when she became a US citizen. Even if she had retained Chinese citizenship, there is little that she could have done. If she is offered an apartment in compensation, take it. It is possible for a Chinese citizen to sue a Chinese local government for recovery in Chinese civil court; I know of one such case where the plaintiff, a farmer, was successful. But it took several years. There is one other thing to keep in mind: China does not recognize dual citizenship. If your mother chooses to litigate, that could become an issue. If you want to pursue this further, you should see a Chinese lawyer.

Paul Denlinger at Quora Visit the source

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Other answers

The short answer is that US law has nothing to do with it.  When you are in a foreign country its their law that counts.  (Think of it in reverse, do we care what Mexican law says about Mexicans in the US?) Your only points of leverage in a foreign country are treaties they have signed with your country (which makes the content of that treaty part of their law) or political pressure through your country's embassy. If you really want to fight this you need to first get a Chinese lawyer and then contact the american consulate in China. But if what they are doing is legal by their law, don't expect to win.

Jeff Kesselman

US citizens have no particular rights in China. The US government does not protect the property of Americans outside of the US.

Carolyn Russ

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