Tennessee Code 43-6-208 – Nuisance – Action to enjoin
Terms Used In Tennessee Code 43-6-208
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
- State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
The existence or growth of Johnson grass, in counties electing to come under this part, is declared to be a public and common nuisance and the district attorneys general for and in those counties affected shall have the duty to bring an action in the circuit court of such county to enjoin this nuisance. The action shall be brought in the name of the state of Tennessee and shall be tried as in equity cases. In order to sustain the action, it shall be necessary to allege that thirty (30) days’ advance notice of the filing of the suit has been served upon the defendant or defendants, and that the defendant or defendants, have taken no suitable action to comply with this part prior to the filing of the suit. Any landowner whose land is adjacent to or within one hundred feet (100′) of land on which the nuisance is permitted or maintained and who is not undertaking a Johnson grass control program may bring a civil action for injunction against any person permitting or maintaining the nuisance and shall, in addition to injunctive relief, be entitled to recover as a penalty the sum of five hundred dollars ($500) and any actual damages sustained as a result of the maintenance of the nuisance.