General Provisions.

Ala. Code tit. 6, ch. 5, art. 9, div. 1

in effect

Ala. Code § 6-5-120 Defined.

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 be such as would affect an ordinary reasonable man. (Code 1907, §5193; Code 1923, §9271; Code 1940, T. 7, §1081.)

Ala. Code § 6-5-121 Distinction Between Public and Private Nuisances; Right of Action Generally.

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 one or a few individuals. Generally, a public nuisance gives no right of action to any individual, but must be abated by a process instituted in the name of the state. A private nuisance gives a right of action to the person injured. (Code 1907, §5196; Code 1923, §9274; Code 1940, T. 7, §1084.)

Ala. Code § 6-5-122 Public Nuisances - Abatement or Enjoining by Municipalities.

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; Code 1923, §9298; Code 1940, T. 7, §1085.)

Ala. Code § 6-5-123 Public Nuisances - Special Damage to Individual.

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.)

Ala. Code § 6-5-124 Right of Action for Private Nuisance.

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.)

Ala. Code § 6-5-125 Injunction Before Completion.

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, T. 7, §1083.)

Ala. Code § 6-5-126 Rights and Responsibilities of Alienees for Continuance.

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 abate before an action is commenced. (Code 1907, §5194; Code 1923, §9272; Code 1940, T. 7, §1082.)

Ala. Code § 6-5-127 Nuisance Exceptions; Right of Action for Pollution of Waters, Etc.; Relation to Municipal Ordinances.

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 and collection on display which together have a minimum value of at least one million dollars ($1,000,000), or any of its appurtenances or the operation thereof shall be or become a nuisance, private or public, by any changed conditions in and about the locality thereof after the same has been in operation for more than one year during which such plant, facility, establishment, farming operation facility, or racetrack, its appurtenances or the operation thereof has not been found by a court of competent jurisdiction to be a nuisance; provided, that the provisions of this subsection shall not apply whenever a nuisance results from the negligent or improper operation of any such plant, establishment, farming operation facility, or racetrack, or any of its appurtenances. (b) The provisions of subsection (a) shall not affect or defeat the right of any person, firm, or corporation to recover damages for any injuries or damage sustained by them on account of any pollution of, or change in the condition of, the waters of any stream or on account of any overflow of the lands of any person, firm, or corporation. (c) Any and all ordinances heretofore or hereafter adopted by any municipal corporation in which such plant, establishment, farming operation facility, or racetrack is located, which purports to make the operation of any such plant, establishment, farming operation facility, or racetrack, or its appurtenances a nuisance or providing for an abatement thereof as a nuisance in the circumstances set forth in this section are, and shall be, null and void; provided, that the provisions of this subsection shall not apply whenever a nuisance results from the negligent or improper operation of any such plant, establishment, farming operation facility, or racetrack, or any of its appurtenances. (d) This section shall not be construed to invalidate any contracts heretofore made, but, insofar as contracts are concerned, is only applicable to contracts and agreements to be made in the future. (Acts 1915, No. 691, p. 744; Code 1923, §§9277- 9279; Code 1940, T. 7, §§1088-1090; Acts 1978, 2nd Ex. Sess., No. 79, p. 1767; Act 2004-316, p. 538, §1.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026