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.
History. 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.
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 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 on 1999 amendment of this Code section, see 16 Ga. St. U.L. Rev. 211 (1999).
Structure Georgia Code
Chapter 2 - Abatement of Nuisances Generally
§ 41-2-1. Authorization and Procedure for Abatement of Nuisances Generally
§ 41-2-2. Filing of Complaint to Abate Public Nuisance
§ 41-2-3. Filing of Petition to Abate Private Nuisance
§ 41-2-8. Definitions for Use in Code Sections 41-2-7 Through 41-2-17
§ 41-2-11. Powers of Public Officers in Regard to Unfit Buildings or Structures
§ 41-2-13. Injunctions Against Order to Repair, Close, or Demolish Unfit Buildings or Structures
§ 41-2-14. Taking of Unfit Buildings or Structures by Eminent Domain; Police Power