2020 Georgia Code
Title 1 - General Provisions
Chapter 2 - Persons and Their Rights
§ 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.)

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

- 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).

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).

- 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., 284 et seq., 862 et seq., 961 et seq. 3B Am. Jur. 2d, Aliens and Citizens, §§ 1170 et seq., 1823 et seq. 3C Am. Jur. 2d, Aliens and Citizens, § 2086 et seq.

- 3 C.J.S., Aliens, §§ 8 et seq., 149 et seq.

- 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.

Sec.

• 1-3-1. (Effective until January 1, 2021) Construction of statutes generally.
• 1-3-1. (Effective January 1, 2021) Construction of statutes generally.
• 1-3-2. Construction of definitions.
• 1-3-3. Definitions.
• 1-3-4. Effective date of legislative Acts.
• 1-3-4.1. Effective date for general Acts requiring increases in compensation of certain county officials.
• 1-3-5. Operation of laws generally; retrospective operation.
• 1-3-6. When laws become obligatory; effect of ignorance.
• 1-3-7. Abrogation of laws by agreement; waiver or renunciation of benefits established by law.
• 1-3-8. Binding effect of legislation upon state.
• 1-3-9. Effect and enforcement of foreign laws.
• 1-3-10. Execution of writings and contracts.
• 1-3-11. Local referenda on abolishing offices or shortening or lengthening term.

- Duty of Secretary of State to provide copies of legislative Acts to Office of Legislative Counsel and to court clerks, § 45-13-24.

- By resolution (Ga. L. 1986, p. 529), the General Assembly designated the English language as the official language of the State of Georgia.

- For article discussing problems of construction when repeal statutes are subsequently repealed, see 10 Ga. St. B. J. 41 (1973). For article, "Statutes of Nonstatutory Origin," see 14 Ga. L. Rev. 239 (1980). For article, "Law Among the Pleonasms: The Futility and Aconstitutionality of Legislative History in Statutory Interpretation," see 41 Emory L.J. 113 (1992).

RESEARCH REFERENCES

ALR.

- Supplying omitted words in statute or ordinance, 3 A.L.R. 404; 126 A.L.R. 1325.

Inhibition by decree of divorce or statute of state or country in which it is granted, against remarriage, as affecting a marriage celebrated in another state or country, 51 A.L.R. 325.

Constitutionality of statute relating to purchase of capital stock by employees of corporation, 63 A.L.R. 841.

Previous statute as affected by attempted but unconstitutional amendment, 66 A.L.R. 1483.

Applicability of constitutional provision requiring reenactment of altered or amended statute to one which leaves intact terms of original statute, but transfers or extends its operation to another field, 67 A.L.R. 564.

Constitutionality of curative statutes purporting to validate prior unconstitutional statutes, or statutes not enacted in the manner prescribed by the Constitution, 70 A.L.R. 1436.

Unconstitutionality of later statute as affecting provision purporting specifically to repeal earlier statute, 102 A.L.R. 802.

Determination of conditions that terminate operation of legislative act which by virtue of its terms or constitutional considerations is temporary, 104 A.L.R. 1163.

Liability of public officer in respect of public money paid out in reliance upon unconstitutional statute, 118 A.L.R. 787.

"And/or," 118 A.L.R. 1367; 154 A.L.R. 866.

Inclusion or exclusion of the day of birth in computing one's age, 5 A.L.R.2d 1143.

Applicability of constitutional requirement that repealing or amendatory statute refer to statute repealed or amended, to repeal or amendment by implication, 5 A.L.R.2d 1270.

Extraterritorial operation of limitation applicable to statutory cause of action, other than by reason of "borrowing statute,", 95 A.L.R.2d 1162.