Reference Number: 
CTAS-2179

In addition to the authority granted to counties by the County Powers Act, counties may also file suit to abate nuisances pursuant to T.C.A. 29-3-101 et seq. Under this set of statutes, petitions can be brought in the name of the state, upon relation of the attorney general and reporter, or any district attorney general, or any city or county attorney, or without the concurrence of any such officers, upon the relation of ten (10) or more citizens and freeholders of the county wherein such nuisances may exist. T.C.A. 29-3-102.

The court is authorized to issue a temporary injunction during the proceedings and if the court finds that a nuisance exists at the conclusion of the case, the court will issue an order of abatement. T.C.A. 29-3-105, 110. As part of the order of abatement, the court may assess costs of public services required to abate or manage the nuisance, including, but not limited to, law enforcement costs, if any, caused by the public nuisance. The governmental entity must submit evidence of such costs to the court in order to be reimbursed.  T.C.A. 29-3-110.