US Lawyer Database

§ 95-3-29. Immunity of certain agricultural operations from nuisance actions

In any nuisance action, public or private, against an agricultural operation, including forestry activity, proof that the agricultural operation, including forestry activity, has existed for one (1) year or more is an absolute defense to the nuisance action, if the operation is in compliance with all applicable state and federal permits. The following words and […]

§ 95-3-15. Order of abatement

If the existence of the nuisance be admitted, or established in an action as provided in this chapter, an order of abatement shall be entered as a part of judgment in the case, which order shall direct the removal from the place of all personal property and contents used in conducting the nuisance, and not […]

§ 95-3-17. Unknown defendants; process; publication

The provisions of existing laws regarding the service of process shall apply to service in proceedings under this chapter. The person in whose name the real estate affected by the action stands on the books of the tax collector for purposes of taxation shall be presumed to be the owner thereof, and in case of […]

§ 95-3-19. Contempt; punishment

In case of the violation of any injunction or closing order granted under provisions of this chapter, or of a restraining order or the commission of any other contempt of court in proceedings under this chapter, the court, or the chancellor in vacation, may summarily try and punish the offender. The proceedings shall be commenced […]

§ 95-3-21. County attorney; duty; procedure

In case the existence of such nuisance is established in a criminal proceeding, under existing laws, it shall be the duty of the county attorney or district attorney to proceed promptly under this chapter to enforce the provisions and penalties thereof, and the finding of the defendant guilty in such criminal proceedings, unless reversed or […]

§ 95-3-23. Lease annulled for unlawful use

If a tenant or occupant of a building or tenement under a lawful title uses such place as a nuisance as herein defined, such use shall annul and make void the lease or other title under which he holds and, without any act of the owner, shall cause the right of possession to revert and […]

§ 95-3-9. Procedure; temporary injunction; bond

When the bill contains an application for a temporary injunction a hearing thereon shall be granted within ten (10) days after the filing of the bill; but a copy of the complaint together with a notice of the time and place of the hearing of the application for a temporary injunction, shall be served upon […]

§ 95-3-11. Temporary injunction; further orders

If, upon the hearing, the allegations be sustained to the satisfaction of the court, the court shall issue a temporary injunction restraining the defendants and any other person or persons from continuing the nuisance. When the temporary injunction has been granted, it shall be binding on the defendants throughout the chancery district. If at the […]