41-1-2. Classification of nuisances.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Nuisances are either public or private. A public nuisance is one which damages all persons who come within the sphere of its operation, though it may vary in its effects on individuals. A private nuisance is one limited in its injurious effects to one or a few individuals.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Orig. Code 1863, § 2939; Code 1868, § 2946; Code 1873, § 2997; Code 1882, § 2997; Civil Code 1895, § 3858; Civil Code 1910, § 4454; Code 1933, § 72-102.

Cross references

When infraction of public duty gives cause of action to individual, § 51-1-7.

Law reviews

For article discussing federal liability for pollution abatement in condemnation actions, see 17 Mercer L. Rev. 364 (1966). For note, “Town of Fort Oglethorpe v. Phillips: A Clarification of Georgia’s Public Nuisance Law?,” see 5 Ga. St. B.J. 474 (1969). For note discussing the abatement of nonconforming uses as nuisances, see 10 Ga. St. B.J. 302 (1973). For article discussing Georgia’s practice of exposing municipalities to tort liability through the use of nuisance law, see 12 Ga. St. B. J. 11 (1975). For annual survey of local government law, see 57 Mercer L. Rev. 289 (2005) and 58 Mercer L. Rev. 267 (2006).

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t41-t42-(v29a)-2023-pdf.pdf, Volume V29A, 2023 edition, page 38; merge action: annotated; file SHA-256 1e701a9ff15b.

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