2021 Georgia Code
Title 41 - Nuisances
Chapter 2 - Abatement of Nuisances Generally
§ 41-2-2. Filing of Complaint to Abate Public Nuisance

Private citizens may not generally interfere to have a public nuisance abated. A complaint must be filed by the district attorney, solicitor-general, city attorney, or county attorney on behalf of the public. However, a public nuisance may be abated upon filing of a complaint by any private citizen specially injured.

(Orig. Code 1863, § 3999; Code 1868, § 4027; Code 1873, § 4098; Code 1882, § 4098; Civil Code 1895, §§ 4761, 4766; Civil Code 1910, §§ 5330, 5338; Code 1933, § 72-202; Ga. L. 1980, p. 620, § 2; Ga. L. 1999, p. 467, § 1.)

- 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). 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 note on 1999 amendment of this Code section, see 16 Ga. St. U.L. Rev. 211 (1999).

ANALYSIS

• General Consideration
• Authority of District Attorney
• Jurisdiction

RESEARCH REFERENCES

Am. Jur. 2d.

- 58 Am. Jur. 2d, Nuisances, §§ 212, 217, 218, 225, 226, 377, 379, 381.

- 43 C.J.S., Injunctions, § 26. 66 C.J.S., Nuisances, §§ 109 et seq., 118-120, 192 et seq.

- Injunction to prevent establishment or maintenance of garbage or sewage disposal plant, 5 A.L.R. 920; 47 A.L.R. 1154.

Special injury to property interest as condition of right to enjoin diversion of dedicated property, 41 A.L.R. 1410.

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

Public dances or dance halls as nuisances, 44 A.L.R.2d 1381.

Statutes, ordinances, or regulations relating to private residential swimming pools, 92 A.L.R.2d 1283.

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

Water distributor's liability for injuries due to condition of service lines, meters, and the like, which serve individual consumer, 20 A.L.R.3d 1363.

Liability in connection with fire or explosion of explosives while being stored or transported, 35 A.L.R.3d 1177.

Propriety of injunctive relief against diversion of water by municipal corporation or public utility, 42 A.L.R.3d 426.

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

Gasoline or other fuel storage tanks as nuisance, 50 A.L.R.3d 209.

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

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

Airport operations or flight of aircraft as nuisance, 79 A.L.R.3d 253.

Existence of, and relief from, nuisance created by operation of air conditioning or ventilating equipment, 79 A.L.R.3d 320.

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