41-1-3. Right of action for public nuisance generally.

Active

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

A public nuisance generally gives no right of action to any individual. However, if a public nuisance in which the public does not participate causes special damage to an individual, such special damage shall give a right of action.

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, 2940; Code 1868, §§ 2946, 2947; Code 1873, §§ 2997, 2998; Code 1882, §§ 2997, 2998; Civil Code 1895, §§ 3858, 3859; Civil Code 1910, §§ 4454, 4455; Code 1933, § 72-103.

Cross references

Penalty for maintaining house in which gaming, drinking, or other misbehavior occurs, or which presents common disturbance to neighborhood, § 16-11-44. When infraction of public duty gives cause of action to individual, § 51-1-7.

Law reviews

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 article surveying Georgia cases dealing with environment, natural resources, and land use from June 1977 through May 1978, see 30 Mercer L. Rev. 75 (1978).

Read the official page (the state's PDF, opened at the page this text was read from).

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 41; merge action: carried; file SHA-256 1e701a9ff15b.