30-8-8. Abatement of a public nuisance.
143 words·~1 min read·
/nm/chapter-30-criminal-offenses/article-8-nuisances/30-8-8·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. Except as herein provided, an action for the abatement of a public nuisance shall be governed by the general rules of civil procedure.
B. A civil action to abate a public nuisance may be brought, by verified complaint in the name of the state without cost, by any public officer or private citizen, in the district court of the county where the public nuisance exists, against any person, corporation or association of persons who shall create, perform or maintain a public nuisance.
C. When judgment is against the defendant in an action to abate a public nuisance, he shall be adjudged to pay all court costs and a reasonable fee for the complainant's attorney, when the suit is not prosecuted exclusively by the attorney general or a district attorney.
History: 1953 Comp., § 40A-8-5, enacted by Laws 1963, ch. 303, § 8-5.