78B-6a-304. Evidence of private nuisance -- Requirements for controlled substance nuisance.
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Effective 5/6/2026
78B-6a-304. Evidence of private nuisance -- Requirements for controlled substance nuisance.
(1)In an action described in Section 78B-6a-302 or 78B-6a-303 , all evidence authorized by law, including evidence of reputation in a community, is admissible to prove the existence of a private nuisance or the elements required for an order of abatement by eviction by a preponderance of the evidence.
(2)If the private nuisance is for fumes resulting from the unlawful manufacturing or the unlawful possession or use of a controlled substance that drift into a residential unit a person rents, leases, or owns, from another residential or commercial unit:
(a)the plaintiff is not required to show that a person individually possessed, used, or controlled the substance; and
(b)it is sufficient if the plaintiff shows that the person jointly participated with one or more persons in the use, possession, or control of a controlled substance with knowledge that the activity was occurring, or the controlled substance is found in a place or under circumstances indicating that the person had the ability and the intent to exercise dominion and control over the controlled substance.
Renumbered and Amended by Chapter 401 , 2026 General Session