Section 52-110 – ABATEMENT DOES NOT PRECLUDE ACTION.
52-110. ABATEMENT DOES NOT PRECLUDE ACTION. The abatement of a nuisance does not prejudice the right of any person to recover damages for its past existence. History: [52-110, added 1976, ch. 82, sec. 2, p. 274.]
Section 52-111 – ACTIONS FOR NUISANCE.
52-111. ACTIONS FOR NUISANCE. Anything which is injurious to health or morals, or indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance and the subject of an action. In the case of a moral […]
Section 52-201 – NOT LEGALIZED BY PRESCRIPTION.
52-201. NOT LEGALIZED BY PRESCRIPTION. No lapse of time can legalize a public nuisance, amounting to an actual obstruction of public right. History: [(52-201) R.S., sec. 3630; reen. R.C. & C.L., sec. 3662; C.S., sec. 6430; I.C.A., sec. 51-201.]
Section 52-202 – REMEDIES.
52-202. REMEDIES. The remedies against a public nuisance are: 1. Indictment or information; 2. A civil action; or, 3. Abatement. History: [(52-202) R.S., sec. 3631; compiled R.C. & C.L., sec. 3663; C.S., sec. 6431; I.C.A., sec. 51-202.]
Section 52-203 – INDICTMENT OR INFORMATION.
52-203. INDICTMENT OR INFORMATION. The remedy by indictment or information is regulated by the Penal Code. History: [(52-203) R.S., sec. 3632; reen. R.C. & C.L., sec. 3664; C.S., sec. 6432; I.C.A., sec. 51-203.]
Section 52-204 – ACTION BY PRIVATE PERSON.
52-204. ACTION BY PRIVATE PERSON. A private person may maintain an action: 1. For a moral nuisance, if he be a resident citizen of the county, whether the nuisance complained of is specially injurious to him or not. 2. For any other public nuisance, if it is specially injurious to himself. History: [(52-204) R.S., sec. […]
Section 52-101 – NUISANCE DEFINED.
52-101. NUISANCE DEFINED. Anything which is injurious to health or morals, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable […]