78B-6a-103. Award of costs and attorney fees.
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Effective 5/6/2026
78B-6a-103. Award of costs and attorney fees.
(1)The court may award costs, including the costs of investigation and discovery, and reasonable attorney fees, which are not compensated for in accordance with another provision of law, to the prevailing party in any case in which a party brings an action to abate a nuisance under this chapter.
(2)If a defendant is a landlord, owner, or designated agency, the court may award costs, including the costs of investigation and discovery, and reasonable attorney fees against the defendant only when the court finds that the defendant had actual notice of the nuisance action and willfully failed to take reasonable action within a reasonable time to abate the nuisance.
Renumbered and Amended by Chapter 401 , 2026 General Session