Any fire burning uncontrolled on any forested or cut-over brush land or grassland is declared to be a public nuisance by reason of its menace to life and property. Any person, firm, or corporation responsible either for the starting or for the existence of such fire is required to control or extinguish it immediately. If such person, firm, or corporation shall refuse or neglect to do so, any organized fire suppression force may suppress the nuisance thus constituted by controlling and extinguishing the fire; and the cost thereof may be recovered from the responsible person, firm, or corporation.
(Ga. L. 1937, p. 264, § 9; Ga. L. 1955, p. 309, § 31.)
Cross references.- Authority of commission to enter lands for purposes of preventing, controlling, or suppressing forest fires, § 12-6-84.
Burning of woodlands, brush, fields, or other lands; destruction of or damage to material or device used in detection or suppression of wildfires; penalties for violations, § 16-7-63.
OPINIONS OF THE ATTORNEY GENERAL
"Refuse" and "neglect" defined.
- Word "refuse" implies existence of a knowledge of the fire and an arbitrary refusal to try to control the fire. "Neglect" indicates the omission of proper attention or disregard of duty from indifference or willfulness. 1954-56 Op. Att'y Gen. p. 349 (see O.C.G.A. § 12-6-21).
Applicability of section limited.
- Use of the words "neglect" and "refuse," together with the fact that the landowner can be recovered against for costs of fighting the fire, necessarily limits application of this section. 1954-56 Op. Att'y Gen. p. 349 (see O.C.G.A. § 12-6-21).
Any person can enter upon land to combat fire which landowner refuses or neglects to combat. 1954-56 Op. Att'y Gen. p. 349 (see O.C.G.A. § 12-6-21).
Entry onto land to fight fire requires no commission authority.
- It is not necessary for one entering upon another's land, for the purpose of combatting a fire, to be under the direction or acting under direct authority from the commission. 1954-56 Op. Att'y Gen. p. 349 (see O.C.G.A. § 12-6-21).
Landowner's knowledge of unauthorized entry suggested as safety measure.
- Insofar as this section is concerned, a private person not previously authorized by the commission would not be safe in entering upon land to combat a fire unless the owner at least knew thereof and failed to take action to combat the fire which was reasonably within the landowner's power. 1954-56 Op. Att'y Gen. p. 349 (see O.C.G.A. § 12-6-21).
RESEARCH REFERENCES
Am. Jur. 2d.
- 35A Am. Jur. 2d, Fires, § 1 et seq. 58 Am. Jur. 2d, Nuisances, §§ 34, 131, 161, 424, 446.
C.J.S.- 66 C.J.S., Nuisances, §§ 31 et seq., 40, 65, 68, 71, 74, 86, 91, 103, 104 et seq. 98 C.J.S., Woods and Forests, §§ 3, 5, 6.
ALR.
- Liability of property owner for damages from spread of accidental fire originating on his property, 111 A.L.R. 1140; 17 A.L.R.5th 547.
Validity and application of statutes imposing upon the owner or occupant liability for expense of fighting fire starting on his land or property, 90 A.L.R.2d 873.