27-30-302. Abatement of private nuisance by injured party
27-30-302. Abatement of private nuisance by injured party. A person injured by a private nuisance may abate it by removing or, if necessary, destroying the thing that constitutes the nuisance without committing a breach of the peace or doing unnecessary injury. When a private nuisance results from a mere omission of the wrongdoer and cannot be […]
27-30-105. Successive owners liable for nuisance
27-30-105. Successive owners liable for nuisance. Every successive owner of property who neglects to abate a continuing nuisance upon or in the use of such property, created by a former owner, is liable therefor in the same manner as the one who first created it. History: En. Sec. 4554, Civ. C. 1895; re-en. Sec. 6166, Rev. C. […]
27-30-201. Public nuisance not legalized by time
27-30-201. Public nuisance not legalized by time. No lapse of time can legalize a public nuisance amounting to an actual obstruction of public right. History: En. Sec. 4570, Civ. C. 1895; re-en. Sec. 6168, Rev. C. 1907; re-en. Sec. 8648, R.C.M. 1921; Cal. Civ. C. Sec. 3490; Field Civ. C. Sec. 1955; re-en. Sec. 8648, R.C.M. 1935; […]
27-30-202. Remedies for public nuisances
27-30-202. Remedies for public nuisances. (1) The remedies against a public nuisance are: (a) indictment or information; (b) a civil action; or (c) abatement. (2) The remedy by indictment or information is regulated by Titles 45 and 46. History: (1)En. Sec. 4571, Civ. C. 1895; re-en. Sec. 6169, Rev. C. 1907; re-en. Sec. 8649, R.C.M. 1921; Cal. Civ. C. Sec. 3491; […]
27-30-203. When private person may maintain action for public nuisance
27-30-203. When private person may maintain action for public nuisance. A private person may maintain an action for a public nuisance if it is specially injurious to that person, but not otherwise. History: En. Sec. 4573, Civ. C. 1895; re-en. Sec. 6171, Rev. C. 1907; re-en. Sec. 8651, R.C.M. 1921; Cal. Civ. C. Sec. 3493; Field Civ. […]
27-30-204. Abatement of public nuisance by public body or officer or injured party
27-30-204. Abatement of public nuisance by public body or officer or injured party. A public nuisance may be abated by any public body or officer authorized by law. A person may abate a public nuisance that is specially injurious to that person by removing or, if necessary, destroying the thing that constitutes the nuisance without committing […]
27-30-301. Remedies for private nuisances
27-30-301. Remedies for private nuisances. The remedies against a private nuisance are: (1) a civil action; or (2) abatement. History: En. Sec. 4590, Civ. C. 1895; re-en. Sec. 6174, Rev. C. 1907; re-en. Sec. 8654, R.C.M. 1921; Cal. Civ. C. Sec. 3501; Field Civ. C. Sec. 1961; re-en. Sec. 8654, R.C.M. 1935; R.C.M. 1947, 57-113.
27-30-101. Definition of nuisance
27-30-101. Definition of nuisance. (1) Anything that is injurious to health, 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 that unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, river, […]
27-30-102. Distinction between public and private nuisances
27-30-102. Distinction between public and private nuisances. (1) A public nuisance is one which affects, at the same time, an entire community or neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. (2) Every nuisance not included in the definition of subsection (1) is private. […]
27-30-103. Action for nuisance
27-30-103. Action for nuisance. A nuisance is the subject of an action. Such action may be brought by any person whose property is injuriously affected or whose personal enjoyment is lessened by the nuisance, and by the judgment the nuisance may be enjoined or abated, as well as damages recovered. History: En. Sec. 228, p. 91, Bannack […]