27-30-106. Definition of private nuisance.
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/mt/title-27/chapter-30/part-1/27-30-106·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
27-30-106 . Definition of private nuisance.
(1)A private nuisance is a condition arising out of the use of real property that:
(a)is injurious to health or safety, indecent or offensive to the senses of an individual on an adjacent or neighboring property, or
(b)obstructs the free use of an adjacent of neighboring property so as to interfere with the comfortable enjoyment of life or property.
(2)The following may not be considered a private nuisance or be the basis for a private nuisance cause of action:
(a)an action or condition that is authorized, approved, licensed, or mandated by statute, ordinance, regulation, permit, license, order, rule, or other similar measure issued, adopted, promulgated, or approved by a government entity. This includes conditions or actions that are subject to an order, notice, or decree issued under 75-10-711 or 75-10-712 ; or
(b)noises resulting from the shooting activities on a shooting range during established hours of operation.
(3)An agricultural or farming operation, a place, an establishment, or a facility or any of its appurtenances or the operation of those things is not or does not become a private nuisance because of its normal operation as a result of changed residential or commercial conditions in or around its locality if the agricultural or farming operation, place, establishment, or facility has been in operation longer than the complaining resident has been in possession or commercial establishment has been in operation.