2021 Georgia Code
Title 41 - Nuisances
Chapter 1 - General Provisions
§ 41-1-2. Classes of Nuisances; Public and Private Nuisances Defined

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.

(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.)

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

- For article discussing federal liability for pollution abatement in condemnation actions, see 17 Mercer L. Rev. 364 (1966). 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). 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).

ANALYSIS

• General Consideration
• Private Nuisance
• Public Nuisance

OPINIONS OF THE ATTORNEY GENERAL

Obstruction of crossing on public highway by railroad.

- Public nuisance possibly occurs if a railroad blocks a crossing on a public highway for an unreasonable period of time; for such an action to lie against a railroad, it must be shown that the particular act is an interference or annoyance to the public in the common use of public highways. 1970 Op. Att'y Gen. No. 70-58.

RESEARCH REFERENCES

Am. Jur. 2d.

- 58 Am. Jur. 2d, Nuisances, §§ 33-39.

- 66 C.J.S., Nuisances, §§ 1, 7, 8, 9.

- Trolley poles in street as nuisance, 2 A.L.R. 496.

Noise from operation of industrial plant as nuisance, 23 A.L.R. 1407; 90 A.L.R. 1207.

Nuisance by encroachment of walls or other parts of building on another's land as permanent or continuing, 29 A.L.R. 839.

Amusement park as nuisance, 33 A.L.R. 725.

Gas, water, or electric light plant as a nuisance, and the remedy therefor, 37 A.L.R. 800.

Pesthouse or contagious disease hospital as nuisance, 48 A.L.R. 518.

Aeroplanes and aeronautics, 99 A.L.R. 173.

Legal aspects of radio communication and broadcasting, 124 A.L.R. 982; 171 A.L.R. 765.

Nuisance within contemplation of statute imposing upon municipality duty to keep streets and other public places free of "nuisance," as absolute nuisance or as qualified nuisance, dependent upon negligence, 155 A.L.R. 60.

Racing, or betting on races, as nuisance, 166 A.L.R. 1264.

Animal rendering or bone-boiling plant or business as nuisance, 17 A.L.R.2d 1269.

Liability for injury to property occasioned by oil, water, or the like flowing from well, 19 A.L.R.2d 1025.

Landowner's or occupant's liability in damages for escape, without negligence, of harmful gases or fumes from premises, 54 A.L.R.2d 764; 2 A.L.R.4th 1054.

Automobile sales lot or used car lot as nuisance, 56 A.L.R.2d 776.

Saloons or taverns as nuisance, 5 A.L.R.3d 989.

Keeping of dogs as enjoinable nuisance, 11 A.L.R.3d 1399.

Children's playground as nuisance, 32 A.L.R.3d 1127.

Public swimming pool as nuisance, 49 A.L.R.3d 652.

Exhibition of obscene motion pictures as nuisance, 50 A.L.R.3d 969.

Unsolicited mailing, distribution, house call, or telephone call as invasion of privacy, 56 A.L.R.3d 457.

Right to maintain action to enjoin public nuisance as affected by existence of pollution control agency, 60 A.L.R.3d 665.

Recovery in trespass for injury to land caused by airborne pollutants, 2 A.L.R.4th 1054.

Carwash as nuisance, 4 A.L.R.4th 1308.

Funeral home as private nuisance, 8 A.L.R.4th 324.

Tower or antenna as constituting nuisance, 88 A.L.R.5th 641.

Keeping of domestic animal as constituting public or private nuisance, 90 A.L.R.5th 619.

Sewage treatment plant as constituting nuisance, 92 A.L.R.5th 517.

Nudity as constituting nuisance, 92 A.L.R.5th 593.

Remedies for sewage treatment plant alleged or deemed to be nuisance, 101 A.L.R.5th 287.