27-30-205. Liability for public nuisance.
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/mt/title-27/chapter-30/part-2/27-30-205·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
27-30-205 . Liability for public nuisance.
(1)A person may be subject to a public nuisance cause of action only if that person proximately caused the public nuisance at the time the public nuisance was created, which includes controlling, or instructing another person to engage in, the activity that proximately caused the public nuisance.
(2)Every successive owner of property who neglects to abate a continuing public nuisance upon or in the use of the property that was created by a former owner is liable for the public nuisance in the same manner as the one who first created it.
(3)No lapse of time can legalize a public nuisance amounting to an actual obstruction of public right.