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. […]
27-30-101. 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 […]
27-30-104. Right to recover damages unaffected by abatement
27-30-104. Right to recover damages unaffected by abatement. The abatement of a nuisance does not prejudice the right of any person to recover damages for its past existence. History: En. Sec. 4555, Civ. C. 1895; re-en. Sec. 6167, Rev. C. 1907; re-en. Sec. 8647, R.C.M. 1921; Cal. Civ. C. Sec. 3484; Field Civ. C. Sec. 1954; re-en. […]