78B-6a-302. Right of action for private nuisance.

253 words·~1 min read·/ut/title-78b/chapter-6a/78b-6a-302

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)Except as otherwise provided by this part or Part 4, Defenses for Nuisance Actions, a person has a right of action for a private nuisance if:

(a)the person owns or possesses a legal interest in the real property that is the subject of the action; and

(b)the person's real property is injuriously affected by the private nuisance or the person's personal enjoyment is lessened by the private nuisance.

(2)If the person prevails in an action described in Subsection

(1), the court may, in addition to any other relief the court considers just and proper:

(a)award damages;

(b)order the nuisance to be enjoined or abated, including:

(i)requiring a defendant to make repairs to the nuisance property or property that is injuriously affected by the nuisance;

(ii)requiring a defendant to:

(A)install and maintain secure locks on the nuisance property's doors or windows;

(B)provide security personnel or video surveillance monitoring of the nuisance property; or

(C)install and maintain lighting in and around common areas; or

(iii)abatement by eviction as provided in this part;

(c)grant declaratory relief as described in Chapter 4, Part 4, Declaratory Judgments; or

(d)award costs and reasonable attorney fees to the prevailing party as described in Section 78B-6a-103 .

(3)A court that issues a judgment or order under this section retains jurisdiction to enforce the judgment or order.

Renumbered and Amended by Chapter 401 , 2026 General Session