27-30-306. Emergency abatement of private nuisance by injured party.
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/mt/title-27/chapter-30/part-3/27-30-306·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
27-30-306 . Emergency 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 private nuisance so long as doing so would not constitute committing a breach of the peace or cause unnecessary injury. When a private nuisance results from a mere omission of the wrongdoer and cannot be abated without entering upon the wrongdoer's land, reasonable notice must be given to the wrongdoer before entering to abate the private nuisance. Nothing in this section alters the remedies available in a private nuisance cause of action.