78B-6a-303. Abatement by eviction of private nuisance.

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

Effective 5/6/2026

(a)The county attorney, or the county, the city attorney of any incorporated city in the county, any citizen or citizens of the state residing in the county, or any person or business doing business in the county, has a right of action for abatement by eviction if there is reason to believe that an unsafe building or place is kept, maintained, or exists in the city or county.

(b)The court may designate a spokesperson from a group of citizens who would otherwise have the right to maintain an action in their individual names against the defendant under Subsection (1)(a) .

(2)A court shall issue an order of abatement by eviction if the plaintiff shows, by a preponderance of the evidence, that:

(a)the plaintiff will suffer irreparable harm unless the order of abatement by eviction is issued;

(b)the threatened injury to the plaintiff outweighs any damage the proposed order of abatement by eviction may cause the party to be evicted;

(c)the order of abatement by eviction would not be adverse to the public interest; and

(d)there is a substantial likelihood that:

(i)the plaintiff will prevail on the merits of the underlying claim; or

(ii)the case presents serious issues on the merits that should be the subject of further litigation.

(a)At the time of filing an action for abatement by eviction under Subsection

(1), the court may issue an order, upon a showing of good cause:

(i)to protect the plaintiff; or

(ii)to protect a witness who is not a peace officer if proof of the existence of the unsafe building or place depends in whole or in part upon the affidavit of the witness.

(b)The order under Subsection (3)(a) may include nondisclosure of the name, address, or any other information that may identify the individual protected by the order.

(a)A landlord, owner, or designated agent is a necessary defendant in an action for an unsafe building or place for entry of an order to abate the unsafe building or place by eviction where the acts complained of are those of a third party upon the premises of the landlord, owner, or designated agent.

(b)At the court's hearing on the action to abate the unsafe building or place by eviction, the court shall notify the necessary parties, including the applicant, the tenant, and the landlord, owner, or designated agent, if:

(i)the court finds that an unsafe building or place is a private nuisance; and

(ii)as a result, the court is issuing an order to evict the tenant subject to compliance with the security requirement in Subsection

(6).

(5)In all cases, including default judgments, the order of abatement by eviction may be issued and enforced immediately.

(a)The court shall condition issuance of an order of abatement by eviction under this section on the giving of security by the plaintiff, in such sum and form as the court determines proper, unless:

(i)the court determines that none of the parties will incur or suffer costs, attorney fees, or damages as the result of any wrongful order of abatement by eviction;

(ii)the court determines that there exists some substantial reason for dispensing with the requirement of security; or

(iii)the plaintiff has proved, by a preponderance of the evidence, the existence of an unsafe building or place.

(b)Security described in Subsection (6)(a) may not be required:

(i)of the United States, the state, or an officer, agency, or subdivision of the United States or the state; or

(ii)when prohibited by law.

(c)The amount of security may not limit the award of:

(i)reasonable attorney fees or costs incurred in connection with the order of abatement by eviction; or

(ii)damages that may be awarded to a party who is found to have been wrongfully evicted.

(i)A surety upon a bond or undertaking under this Subsection

(6)submits to the jurisdiction of the court and irrevocably appoints the clerk of the court as agent upon whom any papers affecting the surety's liability on the bond or undertaking may be served.

(ii)The surety's liability may be enforced on motion without the necessity of an independent action.

(iii)The motion, and any notice of the motion as the court prescribes, may be served on the clerk of the court who shall immediately provide a copy to the plaintiff or other person giving the security by the means established at the time of the filing of the action.

(e)Upon request, the plaintiff shall be granted a hearing to be held no later than three days from the date the defendant is served with notice of the applicant's giving of security, as described in Subsection (6)(a) .

Enacted by Chapter 401 , 2026 General Session