52-301. REMEDIES FOR PRIVATE NUISANCES. The remedies against a private nuisance are: 1. A civil action; or, 2. Abatement. History: [(52-301) R.S., sec. 3640; reen. R.C. & C.L., sec. 3668; C.S., sec. 6436; I.C.A., sec. 51-301.]
52-302. ABATEMENT — WHEN ALLOWED. A person injured by a private nuisance may abate it by removing, or, if necessary, destroying, the thing which constitutes the nuisance, without committing a breach of the peace, or doing unnecessary injury. History: [(52-302) R.S., sec. 3641; reen. R.C. & C.L., sec. 3669; C.S., sec. 6437; I.C.A., sec. 51-302.]
52-303. ABATEMENT — WHEN NOTICE IS REQUIRED. Where a private nuisance results from a mere omission of the wrongdoer, and cannot be abated without entering upon his land, reasonable notice must be given to him before entering to abate it. History: [(52-303) R.S., sec. 3642; reen. R.C. & C.L., sec. 3670; C.S., sec. 6438; I.C.A., […]
