Title 41 — Title 41
0 chapters · 33 sections in this title.
O.C.G.A. § 41-1-1 Nuisance defined generally
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A nuisance is anything that causes hurt, inconvenience, or damage to another and the fact that the act done may otherwise be lawful shall not keep it from being a nuisance. The inconvenience complained of shall not be fanciful, or such as would affect only one of fastidious taste…
O.C.G.A. § 41-1-10 Hunting operations not nuisances under certain conditions
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(a) As used in this Code section, the term “hunting operation” means an operation including any of the following: (1) Lands, including the buildings and improvements thereon, which are used or which are intended for use as a hunting club, hunting preserve, or shooting preserve; 4…
O.C.G.A. § 41-1-2 Classification of nuisances
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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. Histor…
O.C.G.A. § 41-1-3 Sport shooting ranges, §41-1-9
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Timber. Agricultural facilities and operations as nuisances, §41-1-7. Unfit buildings or structures. Power of counties and municipalities to repair, close or demolish, §§41-2-7 to 41-2-17. Authority to use revenues, grants and donations, §41-2-15. Complaints. Service on interested…
O.C.G.A. § 41-1-4 AGGRAVATED ASSAULT
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Sexual assault. Registration of sex offenders, §§42-1-12 to 42-1-19. AGGRAVATED CHILD MOLESTATION. Registration of sex offenders, §§42-1-12 to 42-1-19. AGGRAVATED SODOMY. Registration of sex offenders, §§42-1-12 to 42-1-19. AGGRAVATED STALKING. Probation. Conditions of probation,…
O.C.G.A. § 41-1-5 Law reviews
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— For article discussing options to purchase realty in Georgia, with respect to restrictive covenants, see 8 Ga. St. B.J. 229 (1971). For annual survey on law of real property, see 42 Mercer L. Rev. 389 (1990). For annual survey article on real property law, see 52 Mercer L. Rev.…
O.C.G.A. § 41-1-6 COSTS
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Abatement of nuisances. Places used for unlawful sexual purposes. Taxation against private citizen bringing action without reasonable ground or cause, §41-3-6. Nuisances.
O.C.G.A. § 41-1-7 Law reviews
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— For article, ‘‘Financing Affordable Housing in Georgia: The Possibility of a Dedicated Revenue Source,’’ see 13 Ga. St. U.L. Rev. 363 (1997).
O.C.G.A. § 41-1-8 Treatment of publicly owned cultural facilities as nuisances
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(a) It is declared the public policy of this state to conserve, protect, and encourage the development of publicly owned cultural facilities. In order to encourage the establishment and maintenance of publicly owned cultural facilities, it is the purpose of this Code section to l…
O.C.G.A. § 41-1-9 Sport shooting ranges
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(a) As used in this Code section, the term: (1) “Person” means an individual, proprietorship, partnership, corporation, or unincorporated association. (2) “Sport shooting range” or “range” means an area designated and operated by a person for the sport shooting of firearms and not…
O.C.G.A. § 41-2-1 Authorization and procedure for abatement of nuisances generally
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Upon filing of a petition as provided in Code Section 41-2-2, any nuisance which tends to the immediate annoyance of the public in general, is manifestly injurious to the public health or safety, or tends greatly to corrupt the manners and morals of the public may be abated by ord…
O.C.G.A. § 41-2-10 Eminent domain
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Taking of buildings or structures by, §41-2-14. Evidence. Receipt by public officer, §41-2-11. Findings of fact of public officer. Required provisions of ordinances, §41-2-9. Generally, §41-2-7.
O.C.G.A. § 41-2-11 NURSING HOMES
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Probationers, first offenders. Disqualification for specified employment, §42-8-63.1. Sex offender registration. Annual registration requirements. Fulfilling by those in hospice facilities, skilled nursing homes or residential health care facilities, §42-1-12. O OATHS. Abatement of n…
O.C.G.A. § 41-2-12 Service of complaints, orders, and other filings; notice
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(a) Complaints issued by a public officer pursuant to an ordinance adopted under Code Sections 41-2-7 through 41-2-11, this Code section, and Code Sections 41-2-13 through 41-2-17 shall be served in the following manner. At least 14 days prior to the date of the hearing, the publ…
O.C.G.A. § 41-2-13 Prior ordinances, §41-2-17
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Drug crimes. Unfit buildings or structures. Power of counties and municipalities to repair, close or demolish. Building being used in commission of drug crimes generally, §§41-2-7 to 41-2-17. Houses of prostitution. Abatement of nuisances. Places used for unlawful sexual purposes,…
O.C.G.A. § 41-2-16 INTERSTATE COMPACTS
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Adult offender supervision, §§42-9-80 to 42-9-82, 42-9-90. Corrections compact. Interstate corrections compact, §§42-11-1 to 42-11-3. Detainers. Interstate agreement, §§42-6-20 to 42-6-25. Pardons and paroles.
O.C.G.A. § 41-2-17 Classification of nuisances, §41-1-2
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Complaint to abate public nuisance. Who may file, §41-2-2. 47 INDEX NUISANCES —Cont’d Continuation of nuisance. After notice to abate, §41-1-6. Right of action of alienee of injured property, §41-1-5. Request for abatement, §41-1-5. Cultural facilities. Treatment of publicly owned…
O.C.G.A. § 41-2-2 Filing of complaint to abate public nuisance
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Private citizens may not generally interfere to have a public nuisance abated. A complaint must be filed by the district attorney, solicitorgeneral, city attorney, or county attorney on behalf of the public. However, a public nuisance may be abated upon filing of a complaint by any…
O.C.G.A. § 41-2-3 Filing of petition to abate private nuisance
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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.
O.C.G.A. § 41-2-5 Notice to abate
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Erection or continuance of nuisance after, §41-1-6. Petitions. Private nuisances. Filing, §41-2-3. Places used for unlawful sexual purposes, §§41-3-1 to 41-3-13. Private citizen specially injured. Filing complaint to abate public nuisance, §41-2-2. Private nuisances. Filing of pe…
O.C.G.A. § 41-2-7 Hearings
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Injunctions against order, §41-2-13. 48 INDEX NUISANCES —Cont’d Unfit buildings or structures —Cont’d Power of counties and municipalities to repair, close or demolish —Cont’d Hearings —Cont’d Required provisions of ordinance, §41-2-9. Injunctions against order to repair, close or…
O.C.G.A. § 41-2-8 Definitions for use in Code Sections 41-2-7 through 41-217
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As used in Code Section 41-2-7, this Code section, and Code Sections 41-2-9 through 41-2-17, the term: (1) “Applicable codes” means (A) any optional housing or abatement standard provided in Chapter 2 of Title 8 as adopted by ordinance or operation of law, or other property maint…
O.C.G.A. § 41-2-9 County or municipal ordinances relating to unfit buildings or structures
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(a) In addition to any other remedies or enforcement mechanisms available, upon the adoption of an ordinance finding that dwelling, building, or structure conditions of the character described in Code Section 41-2-7 exist within a county or municipality, the governing body of such…
O.C.G.A. § 41-3-1 Evidence, §41-3-1
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General reputation of building, structure or place, §41-3-5. Fees for removal, sale or closure of property, §41-3-7. Hearings. Temporary restraining order or interlocutory injunction, §41-3-4. Injunctions.
O.C.G.A. § 41-3-1.1 Dwellings, buildings or structures
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Unfit buildings or structures, §41-2-8. Educational advancement. Community service, §42-3-50. Educational program. County prisoners, §42-1-9. Home arrest program, §42-1-8. Electronic monitoring. Probation management act, §42-3-111. Emergency health care. Jails, emergency health ca…
O.C.G.A. § 41-3-12 Sheriffs
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Failure in duties as to jail inmates, §42-4-4. Failure to maintain jail inmate records, §42-4-8. CONTINUANCES. Detainers, §42-6-3. CONTRABAND. Prisons and prisoners. Currency, securities, etc., §42-5-62. Drones, use of unmanned aircraft to deliver prohibited, §42-5-18. Enumeratio…
O.C.G.A. § 41-3-13 MEALS
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Jails. Conditions of detention, §42-4-32. MEASLES. Prisoners diagnosed as having infectious or communicable disease. Notification to transporting law enforcement agency, §42-1-7. Prisoners presenting possible threat of transmission of communicable disease. Injury or contact by, §4…
O.C.G.A. § 41-3-2 Unfit buildings or structures
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Power of counties and municipalities to repair, close or demolish. Injunction against order, §41-2-13. Prostitution. Abatement of nuisances. Places used for unlawful sexual purposes, §41-3-2. Binding effect throughout judicial circuit, §41-3-11. Contempt, §§41-3-11, 41-3-12. Issu…
O.C.G.A. § 41-3-4 Injunctions
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Binding throughout judicial circuit in which issued, §41-3-11. Permanent injunction. Issuance, §41-3-10. Perpetual injunction, §41-3-2. Procedure for trial generally, §41-3-5. Temporary restraining order or interlocutory injunction, §41-3-2. Notice of hearing, §41-3-4.
O.C.G.A. § 41-3-6 COUNTIES
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Abatement of nuisances. Authorization and procedure for abatement in unincorporated areas, §41-2-5. Unfit buildings or structures. Power of counties and municipalities to repair, close or demolish, §§41-2-7 to 41-2-17. 13 INDEX COUNTIES —Cont’d Buildings. Nuisances. Unfit buildings…
O.C.G.A. § 41-3-7 Permanent injunction
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Issuance, §41-3-10. Perpetual injunction, §41-3-2. Procedure for trial of action generally, §41-3-5. Release of property, §41-3-9. Effect of release, §41-3-9. Removal of personal property from building, §41-3-7. Sale, §41-3-7. Disposition of proceeds, §41-3-8. Reputation evidence…
O.C.G.A. § 41-3-8 Disposition of proceeds of sale of personal property
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The proceeds of the sale of the personal property, as provided in Code Section 41-3-7, shall be applied in payment of the cost of the action and abatement, and the balance, if any, shall be paid to the defendant. History. Ga. L. 1917, p. 177, § 6; Code 1933, § 72-310.
O.C.G.A. § 41-3-9 GOOD-TIME ALLOWANCES, §42-4-7
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GOVERNOR. Appointments. Board of corrections, §42-2-2. Board of pardons and paroles, §42-9-2. Replacement for incapacitated member, §§42-9-12, 42-9-13. Board of corrections. Appointment of members, §42-2-2. Board of pardons and paroles. Appointment of members, §42-9-2. Appointmen…