2021 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

Universal Citation: GA Code § 1-2-11 (2021)
  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.

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).


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).


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.


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.

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