{"data":{"id":"us-ut/utah-code-78b-6a-304","jurisdiction":"us-ut","citation":"Utah Code § 78B-6a-304","heading":"Evidence of private nuisance -- Requirements for controlled substance nuisance.","body":"(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.\n(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:\n(a) the plaintiff is not required to show that a person individually possessed, used, or controlled the substance; and\n(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.","path":["Title 78B Judicial Code","Chapter 78B-6a Civil Actions For Nuisances","Part 78B-6a-3 Private Nuisance"],"source_url":"https://le.utah.gov/xcode/Title78B/Chapter6a/78B-6a-S304.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"5f95b934b660986e685fbfa9804f5bd8d48d77ffb4829ad506dcceb49d67010b","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-78b-6a-303","next":"us-ut/utah-code-78b-6a-401"},"notice":"GroundRules: Original legal text. Not legal advice."}