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2025 Code of Georgia
Title 41 - Nuisances (Chs. 1 — 3)
Chapter 2 - Abatement of Nuisances Generally (§§ 41-2-1 — 41-2-17)
§ 41-2-3. Filing of petition to abate private nuisance

Universal Citation:
GA Code § 41-2-3 (2025)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
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A private nuisance may be abated upon filing of a petition by the person injured.

History

Orig. Code 1863, § 3999; Code 1868, § 4027; Code 1873, § 4098; Code 1882, § 4098; Civil Code 1895, § 4766; Civil Code 1910, § 5338; Code 1933, § 72-203; Ga. L. 1980, p. 620, § 3.

Annotations

JUDICIAL DECISIONS

Statute of limitations not a bar to equitable relief. —

Plaintiff’s right to equitable relief was not barred by the statute of limitations on grounds that the nuisance complained of had existed for a period of more than four years prior to the institution of litigation, since when there is a continuing nuisance, a new cause of action arises daily and a court of equity takes jurisdiction in such a case to avoid a multiplicity of suits. Scott v. Dudley, 214 Ga. 565, 105 S.E.2d 752, 1958 Ga. LEXIS 492 (1958).

Research References & Practice Aids

RESEARCH REFERENCES Am. Jur. 2d.

58 Am. Jur. 2d, Nuisances, §§ 185, 191 et seq. 347 et seq.

C.J.S.

66 C.J.S., Nuisances, §§ 100 et seq., 177.

ALR.

Ice manufacturing or distributing plant as nuisance, 41 A.L.R. 626.

Injunction against games on neighboring property, 62 A.L.R. 782; 32 A.L.R.3d 1127.

Casting of light on another’s premises as constituting actionable wrong, 5 A.L.R.2d 705; 79 A.L.R.3d 253.

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

Buyer’s acceptance of delayed or defective instalment of goods as waiver of similar default as to later instalments, 32 A.L.R.3d 1127.

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

Residential swimming pool as nuisance, 49 A.L.R.3d 545.

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.

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

Operation of cement plant as nuisance, 82 A.L.R.3d 1004.

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

Hierarchy Notes:

O.C.G.A. Title 41, Ch. 2

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