41-1-4. Right of action for private nuisance generally.

Active

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

A private nuisance may injure either a person or property, or both, and for that injury a right of action accrues to the person who is injured or whose property is damaged.

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, 2941; Code 1868, §§ 2946, 2948; Code 1873, §§ 2997, 2999; Code 1882, §§ 2997, 2999; Civil Code 1895, §§ 3858, 3860; Civil Code 1910, §§ 4454, 4456; Code 1933, § 72-104.

Law reviews

For note discussing nuisance action as a remedy for damage caused by sonic booms, see 2 Ga. L. Rev. 83 (1967). For note, “Town of Fort Oglethorpe v. Phillips: A Clarification of Georgia’s Public Nuisance Law?,” see 5 Ga. St. B.J. 474 (1969).

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