27-30-206. Public nuisance actions by government.
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/mt/title-27/chapter-30/part-2/27-30-206·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
27-30-206 . Public nuisance actions by government.
(1)A public nuisance cause of action is available to a government entity only if the public nuisance is within the jurisdiction of that government entity. Past, current, or future expenditures made by a government entity related to injunction of or any other response to a public nuisance does not itself confer standing to file or maintain a public nuisance action.
(2)In a public nuisance action brought by a government entity, the only remedies against a public nuisance are:
(a)indictment or information as regulated by Titles 45 and 46;
(b)injunctive relief to enjoin an unlawful activity that is proximately causing a public nuisance; and
(c)monetary and nonmonetary resources, if quantifiable, that a court determines are reasonably necessary to abate the public nuisance based on relevant and reliable cost factors and established by clear and convincing evidence. All resources provided under this subsection
(2)must be spent to abate the public nuisance itself.
(3)Remedies available under this section may not include:
(a)the costs of abating a potential future public nuisance; or
(b)damages of any kind, including economic, noneconomic, and exemplary damages.
(4)For the purposes of this chapter, the term "government entity" means the state, an agency or a political subdivision of the state, a federal entity or agency, or any other governing authority, including a tribal government.
(5)Nothing in this chapter limits the authority of a government entity to order any person to vacate the right-of-way of a public highway of this state classified within the commission-designated highway system or as a state highway, as provided in 60-1-201 , or any navigable lake, river, bay, stream, canal, or basin or a public park, square, street, road, or highway.