Section 6-5-120 Defined. A “nuisance” is anything that works hurt, inconvenience, or damage to another. The fact that the act done may otherwise be lawful does not keep it from being a nuisance. The inconvenience complained of must not be fanciful or such as would affect only one of a fastidious taste, but it should […]
Section 6-5-121 Distinction between public and private nuisances; right of action generally. 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 […]
Section 6-5-122 Public nuisances – Abatement or enjoining by municipalities. All municipalities in the State of Alabama may commence an action in the name of the city to abate or enjoin any public nuisance injurious to the health, morals, comfort, or welfare of the community or any portion thereof. (Acts 1919, No. 49, p. 50; […]
Section 6-5-123 Public nuisances – Special damage to individual. If a public nuisance causes a special damage to an individual in which the public does not participate, such special damage gives a right of action. (Code 1907, §5197; Code 1923, §9275; Code 1940, T. 7, §1086.)
Section 6-5-124 Right of action for private nuisance. A private nuisance may injure either the person or property, or both, and in either case a right of action accrues. (Code 1907, §5198; Code 1923, §9276; Code 1940, T. 7, §1087.)
Section 6-5-125 Injunction before completion. Where the consequences of a nuisance about to be erected or commenced will be irreparable in damages and such consequences are not merely possible but to a reasonable degree certain, a court may interfere to arrest a nuisance before it is completed. (Code 1907, §5195; Code 1923, §9273; Code 1940, […]
Section 6-5-126 Rights and responsibilities of alienees for continuance. The alienee of a person owning the property injured may commence an action for a continuance of the nuisance, and the alienee of the property causing the nuisance is responsible for a continuance of the same. In the latter case, there must be a request to […]
Section 6-5-127 Nuisance exceptions; right of action for pollution of waters, etc.; relation to municipal ordinances. (a) No agricultural, manufacturing, or other industrial plant or establishment, farming operation facility, or any racetrack for automobiles or motorcycles, or both, operated in conjunction with a museum that is owned by a nonprofit organization and has a building […]
