{"data":{"id":"us-ut/utah-code-78b-6a-102","jurisdiction":"us-ut","citation":"Utah Code § 78B-6a-102","heading":"Abrogation of common law nuisance -- Exception -- Reporting requirement.","body":"(1)\n(a) Except as provided in Subsection (2), this chapter abrogates any common law civil right of action for a public nuisance or a private nuisance in this state.\n(b) Subsection (1)(a) does not abrogate a common law civil right of action for public nuisance or a private nuisance that accrued, or is pending in a court, before May 6, 2026.\n(2) The attorney general may bring a common law civil right of action for a public nuisance or private nuisance in this state if:\n(a) the attorney general determines that there is a substantial ongoing harm to a significant number of the citizens of Utah; and\n(b) the attorney general is bringing the common law civil right of action for a public nuisance or a private nuisance:\n(i) on behalf of the state, a state officer or agency, or a political subdivision of the state; or\n(ii) as parens patriae on behalf of individuals residing in the state.\n(3) A person other than the attorney general may not bring a common law civil right of action for a public nuisance or private nuisance.\n(4) The governor may direct the attorney general to bring a nuisance action under Subsection (2).\n(5) This chapter does not preclude the governor from declaring a public nuisance.\n(6) Before October 1, 2029, and every four years thereafter before October 1:\n(a) the attorney general shall report to the Judiciary Interim Committee on the attorney general's exercise of the common law right of action described in Subsection (2); and\n(b) the Judiciary Interim Committee shall review the attorney general's report and make a determination as to whether Subsections (2) and (3) should be repealed.","path":["Title 78B Judicial Code","Chapter 78B-6a Civil Actions For Nuisances","Part 78B-6a-1 General Provisions"],"source_url":"https://le.utah.gov/xcode/Title78B/Chapter6a/78B-6a-S102.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"06d8c4724f717c29fc4da107fe70c656f2a340ae5d5e3983b730bfe54ba3fa8c","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-78b-6a-101","next":"us-ut/utah-code-78b-6a-103"},"notice":"GroundRules: Original legal text. Not legal advice."}