Utah Code § 78B-6a-202 — Utah Code / Title 78B / Chapter 78B-6a / § 78B-6a-202
§ 78B-6a-202. Government right of action for a public nuisance.
Status: in_force

(1) Except as otherwise provided by this section or Part 4, Defenses to Nuisance Actions, a government entity has a right of action against a person for a public nuisance if: (a) the person: (i) engages in an activity that directly causes a public nuisance and the public nuisance is a reasonably foreseeable result of the person's activity; (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 (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; and (b) (i) the public nuisance would not exist if not for the person's conduct under Subsection (1)(a); or (ii) the government entity's expenditures to abate or address the public nuisance would decrease by at least 25%. (2) (a) A government entity that is a political subdivision of the state may only bring a public nuisance action described in Subsection (1) if the alleged public nuisance is entirely within the jurisdiction of that government entity. (b) If an alleged public nuisance is not entirely within the jurisdiction of a political subdivision of the state, only the attorney general may bring an action described in Subsection (1) on behalf of the state. (c) The governor may direct the attorney general to bring an action described in Subsection (1) on behalf of the state. (3) A government entity that brings a public nuisance action under Subsection (1) shall plead each element of the public nuisance action: (a) by verified complaint, counterclaim, or third party complaint; and (b) with particularity under the same standard required by Utah Rules of Civil Procedure, Rule 9. (4) A government entity does not have a right of action under Subsection (1) solely because the government entity has made past, current, or future expenditures in responding, including seeking an injunction in response, to a public nuisance. (5) If a government entity prevails in an action for a public nuisance, the court may only: (a) grant injunctive relief to enjoin the condition that is proximately causing the public nuisance; and (b) award monetary or nonmonetary resources to abate the public nuisance if the court determines the resources are reasonably necessary, by clear and convincing evidence, to abate the public nuisance based upon relevant and reliable cost factors. (6) A government entity may only spend resources awarded under Subsection (5)(b) to abate the public nuisance. (7) If an action is brought under this section, the court may not award: (a) resources for abating a potential future public nuisance; or (b) damages of any kind, including economic, noneconomic, or exemplary damages. (8) There is no statute of limitations for an action under this section if the public nuisance amounts to an actual ongoing obstruction of a public right. (9) This section does not limit the authority of a government entity to order a person to vacate the right of way of a navigable lake, river, bay, stream, canal, or basin or a public park, square, street, road, or highway. (10) A private party may not bring an action for a public nuisance under this section.