Property rights of alien residents could be reexamined if voters approve a “con-con” in November

Livonia, MI, August 11, 2026 – Article X – Property, the 13th of 15 papers in the Citizens Research Council’s constitutional convention series, examines provisions relating to public and private property.

The paper examines eminent domain, a governmental power that is among the most likely to evoke sentiments about expanded government. A constitutional convention would likely be asked to reexamine the proper balance between the government’s authority to exercise this power and property owners’ rights.

If a constitutional convention is called, delegates may also examine Section 1 and the need to continue abolishing the disabilities of coverture, a relic of common-law England that prevented a married woman from owning property, entering into contracts, keeping her own wages, or suing and being sued in her own name. Today, state and federal actions have eroded it to the point of obsolescence.

Section 6 provides that, “Aliens who are residents of this state shall enjoy the same rights and privileges in property as citizens of this state.” This provision originated in the 1850 Constitution and carried forward, with some changes in phraseology, to the 1908 and 1963 Constitutions.

In lieu of the political sentiment of some that would treat alien residents differently than U.S. citizens, it is possible that a constitutional convention might be seen as an opportunity to weaken the language in this provision to weaken the rights of alien residents.

The paper concludes that Section 2, eminent domain, is the Article X section most likely to be revised if a constitutional convention is convened. Depending on the ideological leanings of the convention delegates, attempts could be made to shift the balance between the government’s power to exercise eminent domain and property owners’ rights in either direction.

The Citizens Research Council takes no position on whether to call a constitutional convention.

###

Founded in 1916, the Citizens Research Council of Michigan works to improve government in Michigan. The organization provides factual, unbiased, independent information concerning significant issues of state and local government organization, policy, and finance. By delivery of this information to policymakers and citizens, the Research Council aims to ensure sound and rational public policy formation in Michigan. For more information, visit www.crcmich.org.