Georgia § 41-1-3 - Right of action for public nuisance generally.
Full text of Georgia Official Code of Georgia Annotated § 41-1-3 — Right of action for public nuisance generally., with citation guidance and answers to common questions.
§ 41-1-3. Right of action for public nuisance generally.
A public nuisance generally gives no right of action to any individual. However, if a public nuisance in which the public does not participate causes special damage to an individual, such special damage shall give a right of action. (Orig. Code 1863, §§ 2939, 2940; Code 1868, §§ 2946, 2947; Code 1873, §§ 2997, 2998; Code 1882, §§ 2997, 2998; Civil Code 1895, §§ 3858, 3859; Civil Code 1910, §§ 4454, 4455; Code 1933, § 72-103.) Cross references. - Penalty for maintaining house in which gaming, drinking, or other misbehavior occurs, or which presents common disturbance to neighborhood, § 16-11-44 . When infraction of public duty gives cause of action to individual, § 51-1-7 . Law reviews. - 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 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).
Source: official Georgia text · Last verified 2026-08-27
Frequently Asked Questions About Georgia § 41-1-3
What does Official Code of Georgia Annotated § 41-1-3 cover?
Section 41-1-3 ("Right of action for public nuisance generally.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Georgia § 41-1-3?
A common citation format is "Official Code of Georgia Annotated § 41-1-3" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Georgia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.
How does Georgia § 41-1-3 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Georgia.