{"data":{"id":"us-ut/utah-code-78b-6a-203","jurisdiction":"us-ut","citation":"Utah Code § 78B-6a-203","heading":"Private right of action for a public nuisance.","body":"(1) Except as otherwise provided by this section and Part 4, Defenses to Nuisance Actions, a private party has a right of action for a public nuisance against a person if:\n(a) the person:\n(i) engages in an activity that directly causes the public nuisance and the public nuisance is a reasonably foreseeable result of the person's activity;\n(ii) controls or instructs at least one other person to engage in an activity that directly causes the public nuisance and the public nuisance is a reasonably foreseeable result of the other person's activity; or\n(iii) is the successive owner of property and neglects to abate a continuing public nuisance upon, or in the use of the property, that was created by a former owner;\n(b) not for the person's conduct under Subsection (1)(a):\n(i) the public nuisance would not exist; or\n(ii) the private party's expenditures to abate or address the public nuisance would decrease by at least 25%; and\n(c) the private party can establish, by clear and convincing evidence, that the private party has suffered special injury.\n(2) A private party that brings a public nuisance action under Subsection (1) shall plead each element of the public nuisance action:\n(a) by verified complaint, counterclaim, or third party complaint; and\n(b) with particularity under the same standard required by Utah Rules of Civil Procedure, Rule 9.\n(3) If a private party brings an action for a public nuisance, the court may only award compensatory damages for the special injury that may not be otherwise reimbursed, or have been reimbursed, by a government entity.\n(4) The abatement of a public nuisance by a government entity as described in Section 78B-6a-204 does not preclude a right of action under this section.\n(5) A class action may not be brought under this section for special injuries arising out of a public nuisance.","path":["Title 78B Judicial Code","Chapter 78B-6a Civil Actions For Nuisances","Part 78B-6a-2 Public Nuisance"],"source_url":"https://le.utah.gov/xcode/Title78B/Chapter6a/78B-6a-S203.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"7b74513e7b507eff98578b8da372d9169f47bc738102b332765f00e7a6efd6bb","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-78b-6a-202","next":"us-ut/utah-code-78b-6a-204"},"notice":"GroundRules: Original legal text. Not legal advice."}