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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: 9

Sinkfield v. State

Court: Supreme Court of Georgia | Date Filed: 2021-05-17

Snippet: cause” inquiry under former version of OCGA § 15-12-1.1 (a) (1)); Joyner v. State, 251 Ga. 84, 85 (303

Ricks v. State

Court: Supreme Court of Georgia | Date Filed: 2017-05-15

Citation: 301 Ga. 171, 800 S.E.2d 307, 2017 WL 2061675, 2017 Ga. LEXIS 383

Snippet: ineligible or incompetent to serve pursuant to OCGA § 15-12-1.1. The clerk of the board of jury commissioners shall

O'Connell v. State

Court: Supreme Court of Georgia | Date Filed: 2014-01-21

Citation: 294 Ga. 379, 754 S.E.2d 29, 2014 Fulton County D. Rep. 145, 2014 WL 211229, 2014 Ga. LEXIS 64

Snippet: (106 SCt 1712, 90 LE2d 69) (1986). OCGA§ 15-12-1.1 (a) (2). The trial judge found the State’s explanation

O

Court: Supreme Court of Georgia | Date Filed: 2014-01-21

Snippet: must make a prima 3 OCGA § 15-12-1.1 (a) (2).

Johnson v. State

Court: Supreme Court of Georgia | Date Filed: 2013-09-23

Citation: 293 Ga. 641, 748 S.E.2d 896, 2013 Fulton County D. Rep. 2954, 2013 WL 5303230, 2013 Ga. LEXIS 716

Snippet: § 15-12-1.1, effective July 1, 2011, which redesignated former OCGA § 15-12-1 as OCGA § 15-12-1.1 and

Walker v. Hagins

Court: Supreme Court of Georgia | Date Filed: 2012-02-06

Citation: 290 Ga. 512, 722 S.E.2d 725, 2012 Fulton County D. Rep. 352, 2012 WL 360524, 2012 Ga. LEXIS 143

Snippet: jurors indiscriminately in violation of OCGA § 15-12-1.1 and of this Court’s holding in Yates v. State,

Young v. State

Court: Supreme Court of Georgia | Date Filed: 2012-01-23

Citation: 290 Ga. 392, 721 S.E.2d 855, 2012 Fulton County D. Rep. 205, 2012 Ga. LEXIS 79

Snippet: excused or an affidavit as required by OCGA § 15-12-1.1. He further argues that the jurors were excused

Denton v. Con-Way Southern Express, Inc.

Court: Supreme Court of Georgia | Date Filed: 1991-03-15

Citation: 402 S.E.2d 269, 261 Ga. 41, 1991 Ga. LEXIS 127, 1991 WL 35175

Snippet: challenges to the constitutionality of OCGA § 51-12-1.1 For the reasons which *42follow, we hold that subsection

Ingram v. State

Court: Supreme Court of Georgia | Date Filed: 1984-11-27

Citation: 323 S.E.2d 801, 253 Ga. 622, 1984 Ga. LEXIS 1039

Snippet: he could be included on the jury list. OCGA § 15-12-1.1 (a) provided that in "any county for which a plan