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2018 Georgia Code 1-2-11 | Car Wreck Lawyer

TITLE 1 GENERAL PROVISIONS

Section 2. Persons and Their Rights, 1-2-1 through 1-2-11.

1-2-11. Rights of aliens generally; purchase, holding, and conveyance of realty.

  1. Aliens are the subjects of foreign governments who have not been naturalized under the laws of the United States.
  2. Aliens who are subjects of governments at peace with the United States and this state, as long as their governments remain at peace with the United States and this state, shall be entitled to all the rights of citizens of other states who are temporarily in this state and shall have the privilege of purchasing, holding, and conveying real estate in this state.

(Laws 1785, Cobb's 1851 Digest, p. 364; Laws 1849, Cobb's 1851 Digest, p. 367; Code 1863, §§ 1592, 1593; Code 1868, §§ 1655, 1656; Code 1873, §§ 1660, 1661; Code 1882, §§ 1660, 1661; Civil Code 1895, §§ 1814, 1816; Civil Code 1910, §§ 2171, 2173; Code 1933, §§ 79-302, 79-303.)

Cross references.

- Licensing of aliens as physicians, osteopaths, and other medical professionals, §§ 43-34-28,43-34-30.

Restrictions on hiring of aliens by state government or political subdivisions thereof, § 45-2-7.

Law reviews.

- For article discussing inheritance by aliens, see 10 Ga. L. Rev. 447 (1976). For article discussing legal aspects of investments and trade in Georgia by foreign business enterprises, see 27 Mercer L. Rev. 629 (1976).

JUDICIAL DECISIONS

O.C.G.A. § 1-2-11 applies to citizens of foreign countries who are residing within the United States but does not extend to nonresident aliens. AT&T Corp. v. Sigala, 274 Ga. 137, 549 S.E.2d 373 (2001).

O.C.G.A. §§ 1-2-10 and1-2-11, regarding the rights of citizens of other nations to sue in Georgia, apply to citizens of foreign countries who are residing within the United States and do not extend to nonresident aliens; a decision adopting the doctrine of forum non conveniens was not decided on the basis of those statutes or the rights and privileges those statutes concern. Gonzalez v. DOT, 279 Ga. 230, 610 S.E.2d 527 (2005).

Entire will not invalidated by creation of void legacy for enemy alien wife.

- If a wife was an alien enemy, and as such could not be a beneficiary under a will, then the nomination of her as a beneficiary would have amounted to no more than the creation of a void legacy. In such a case, the effect of the invalidity of the legacy is to render the legacy void, but not to invalidate the entire will, and it is no ground of caveat to the probate of a will that a devise to a particular person may be void. Shaw v. Fehn, 196 Ga. 661, 27 S.E.2d 406 (1943).

Cited in Fehn v. Shaw, 201 Ga. 517, 40 S.E.2d 547 (1946); Cheeley v. Fujino, 131 Ga. App. 41, 205 S.E.2d 83 (1974).

OPINIONS OF THE ATTORNEY GENERAL

Philippine citizens.

- With certain minor exceptions, Philippine citizens are permitted under Georgia law to exploit natural resources and operate public utilities on the same basis as American citizens, corporations, or associations. 1967 Op. Att'y Gen. No. 67-245.

RESEARCH REFERENCES

Am. Jur. 2d.

- 3A Am. Jur. 2d, Aliens and Citizens, §§ 5 et seq., 402 et seq., 681 et seq., 769 et seq., 1099. 3B Am. Jur. 2d, Aliens and Citizens, §§ 1206 et seq., 2528 et seq.

C.J.S.

- 3 C.J.S., Aliens, §§ 2, 3, 16, 19, 21, 22, 25.

ALR.

- Dower of alien widow in estate of deceased husband, 110 A.L.R. 520.

Right of alien enemy to take by inheritance or by will, 137 A.L.R. 1328; 147 A.L.R. 1297; 150 A.L.R. 1418; 152 A.L.R. 1450.

Constitutionality, construction, and application of provision of state statute that makes right of alien to succeed to property of deceased person dependent upon a reciprocal right in United States citizens, 170 A.L.R. 966.

State regulation of land ownership by alien corporation, 21 A.L.R.4th 1329.

Validity of state statutes restricting the right of aliens to bear arms, 28 A.L.R.4th 1096.

Cases Citing Georgia Code 1-2-11 From Courtlistener.com

Total Results: 3

Gonzalez v. Department of Transportation

Court: Supreme Court of Georgia | Date Filed: 2005-03-14

Citation: 610 S.E.2d 527, 279 Ga. 230, 2005 Fulton County D. Rep. 750, 2005 Ga. LEXIS 167

Snippet: discussing a contention that OCGA §§ 1-2-10 and 1-2-11 gave the plaintiffs a fully equal right of access

At & T CORP. v. Sigala

Court: Supreme Court of Georgia | Date Filed: 2001-07-16

Citation: 549 S.E.2d 373, 274 Ga. 137, 2001 Fulton County D. Rep. 2217, 2001 Ga. LEXIS 579

Snippet: to citizens, we conclude that OCGA §§ 1-2-10 and 1-2-11 apply to citizens of foreign countries who are

Johnson v. Chappell

Court: Supreme Court of Georgia | Date Filed: 1944-02-08

Citation: 30 S.E.2d 909, 198 Ga. 162

Snippet: by this court. Hillsman v. Harris, 84 Ga. 432 (1, 2) (11 S.E. 400); Hudson v. Sullivan, 93 Ga. 631 (20