reglab/statecodes huggingface dataset:
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 8a - Expungement of Eviction Records › Section 853 - Expungement by petition for eviction.

Effective 7/1/2022
78B-6-853.
Expungement by petition for eviction.
(1) Any party to an eviction may petition the court to expunge all records of the eviction if:
(a) the eviction was for:
(i) remaining after the end of the lease as described in Subsection 78B-6-802(1)(a); or
(ii) the nonpayment of rent as described in Subsection 78B-6-802(1)(c); and
(b) any judgment for the eviction has been satisfied and a satisfaction of judgment has been filed for the judgment.
(2) A petitioner shall file a petition and provide notice to any other party to the eviction in accordance with the Utah Rules of Civil Procedure.
(3)
(a) Any party to the eviction may file a written objection to the petition with the court.
(b) If the court receives a written objection to the petition, the court may not expunge the eviction.
(4) Except as provided in Subsection (5), the court shall order expungement of all records of the eviction if the court does not receive a written objection within 60 days from the day on which the petition is filed.
(5) A court may not expunge an eviction if the judgment for the eviction has not been satisfied.
Enacted by Chapter 372, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 8a - Expungement of Eviction Records › Section 854 - Notice of expunged eviction -- Tenant screening agency -- Effect of expungement.

Effective 7/1/2022
78B-6-854.
Notice of expunged eviction -- Tenant screening agency -- Effect of expungement.
(1)
(a) The Administrative Office of the Courts shall publish a list on the Utah Courts' website that provides notice of any eviction expunged under this section.
(b) Within 30 days from the day on which an expunged eviction is listed on the Utah Courts' website as described in Subsection (1)(a):
(i) an agency shall expunge any record of the expunged eviction in the custody of the agency; and
(ii) a tenant screening agency shall remove the expunged eviction from any database used by the tenant screening agency.
(2) If an eviction is expunged under this part, a tenant screening agency may not:
(a) disclose the eviction in a tenant screening report pertaining to an individual for whom the eviction has been expunged; or
(b) use the eviction as a factor in determining any score or recommendation in a tenant screening report pertaining to the individual for whom the eviction has been expunged.
(3) Upon entry of an expungement order by a court under this part:
(a) the eviction is considered to never have occurred; and
(b) the individual for whom the eviction is expunged may reply to an inquiry on the matter as though there was never an eviction.
(4)
(a) Except as provided in Subsection (1)(b), a court, an agency, a tenant screening agency, or an employee of a court, agency, or tenant screening agency, may not disclose any eviction to, or share any information in a record of an eviction with, a person if the eviction has been expunged under this part.
(b) An expunged record under this part may be released to, or viewed by, a party to the eviction.
Enacted by Chapter 372, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 9 - Mortgage Foreclosure › Section 901 - Form of action -- Judgment -- Special execution.

78B-6-901.
Form of action -- Judgment -- Special execution.
(1) There is only one action for the recovery of any debt, or the enforcement of any right, secured solely by mortgage upon real estate and that action shall be in accordance with the provisions of this chapter.
(2) A judgment shall include:
(a) the amount due, with costs and disbursements;
(b) an order for the sale of mortgaged property, or a portion of it to satisfy the amount and accruing costs;
(c) direction to the sheriff to proceed and sell the property according to the provisions of law relating to sales on execution; and
(d) a special execution or order of sale shall be issued for that purpose.
Amended by Chapter 146, 2009 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 9 - Mortgage Foreclosure › Section 901.5 - Notice to tenant on residential property to be foreclosed.

Effective 5/12/2020
78B-6-901.5.
Notice to tenant on residential property to be foreclosed.
(1) As used in this section, "residential rental property" means property on which a mortgage was given to secure an obligation the stated purpose of which is to finance residential rental property.
(2) Within 20 days after filing an action under this part to foreclose property that includes or constitutes residential rental property, the plaintiff in the action shall:
(a) post a notice:
(i) on the primary door of each dwelling unit on the property that is the subject of the foreclosure action, if the property has fewer than nine dwelling units; or
(ii) in at least three conspicuous places on the property that is the subject of the foreclosure action, if the property to be sold has nine or more dwelling units; or
(b) mail a notice to the occupant of each dwelling unit on the property that is the subject of the foreclosure action.
(3) The notice required under Subsection (2) shall:
(a) be in at least 14-point font;
(b) include the name and address of:
(i) the owner of the property;
(ii) the trustor or mortgagor, as the case may be, on the instrument creating a security interest in the property;
(iii) the trustee or mortgagee, as the case may be, on the instrument; and
(iv) the beneficiary, if the instrument is a trust deed;
(c) contain the legal description and address of the property; and
(d) include a statement in substantially the following form:
"Notice to Tenant
An action to foreclose the property described in this notice has been filed. If the foreclosure action is pursued to its conclusion, the described property will be sold at public auction to the highest bidder unless the default in the obligation secured by this property is cured.
If the property is sold, you may be allowed under federal law to continue to occupy your rental unit until your rental agreement expires, or until 90 days after the sale of the property at auction, whichever is later. If your rental or lease agreement expires after the 90-day period, you may need to provide a copy of your rental or lease agreement to the new owner to prove your right to remain on the property longer than 90 days after the sale of the property.
You must continue to pay your rent and comply with other requirements of your rental or lease agreement or you will be subject to eviction for violating your rental or lease agreement.
The new owner or the new owner's representative will probably contact you after the property is sold with directions about where to pay rent.
The new owner of the property may or may not want to offer to enter into a new rental or lease agreement with you at the expiration of the period described above."
(4) The failure to provide notice as required under this section or a defect in that notice may not be the basis for challenging or defending a foreclosure action or for invaliding a sale of the property pursuant to a foreclosure action.
Amended by Chapter 280, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 9 - Mortgage Foreclosure › Section 902 - Deficiency judgment -- Execution.

78B-6-902.
Deficiency judgment -- Execution.
If it appears that the proceeds of the sale are insufficient and a balance still remains due, the judgment shall be docketed by the clerk and execution may be issued for the balance as in other cases. A general execution may not be issued until after the sale of the mortgaged property and the application of the amount realized to the preceding judgment.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 9 - Mortgage Foreclosure › Section 903 - Necessary parties -- Unrecorded rights barred.

78B-6-903.
Necessary parties -- Unrecorded rights barred.
A person holding a conveyance from or under the mortgagor or having a lien on the property, neither of which is properly documented or recorded in the proper office at the time of the commencement of the action, is not required to be made a party to the action. The proceedings and any judgment rendered are conclusive against the party holding the unrecorded conveyance or lien as if the person had been made a party to the action.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 9 - Mortgage Foreclosure › Section 904 - Sales -- Disposition of surplus money.

78B-6-904.
Sales -- Disposition of surplus money.
If there is surplus money remaining after payment of the amount due on the mortgage, lien or encumbrance, with costs, the court may order the amount paid to the person entitled to it. In the meantime the court may direct it to be deposited with the court.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 9 - Mortgage Foreclosure › Section 905 - Sales -- When debt due in installments.

78B-6-905.
Sales -- When debt due in installments.
If the debt for which the mortgage, lien, or encumbrance is held is not all due, then as soon as sufficient of the property has been sold to pay the amount due, with costs, the sale must cease. As often as more becomes due on principal or interest, the court may, on motion, order more to be sold. If the property cannot be sold in portions without injury to the parties, the entire parcel may be ordered sold and the entire debt and costs paid. There shall be a rebate of interest where a rebate is proper.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 9 - Mortgage Foreclosure › Section 906 - Right of redemption -- Sales by parcels -- Of land and water stock.

78B-6-906.
Right of redemption -- Sales by parcels -- Of land and water stock.
(1) Sales of real estate under judgments of foreclosure of mortgages and liens are subject to redemption as in case of sales under executions generally.
(2) In all cases where the judgment directs the sale of land, together with shares of corporate stock evidencing title to a water right used, intended to be used, or suitable for use, on the land, the court shall equitably apportion the water stock to the land. If the court divides the land into individual parcels for sale, the water stock may also be divided and applied to each parcel. The land and water stock in each parcel shall be sold together, and for the purpose of the sale shall be regarded as real estate and subject to redemption as previously specified.
(3) In all sales of real estate under foreclosure the court may determine the parcels and the order in which the parcels of property shall be sold.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 9 - Mortgage Foreclosure › Section 907 - Restraining possessor from injuring property.

78B-6-907.
Restraining possessor from injuring property.
The court or judge may upon a showing of good cause enjoin the party in possession of the property from doing any act to injure the property during the foreclosure of a mortgage on it, or after a sale on execution.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 9 - Mortgage Foreclosure › Section 908 - Attorney fees.

78B-6-908.
Attorney fees.
(1) In all cases of foreclosure when an attorney's fee is claimed by the plaintiff, the amount shall be fixed by the court. No other or greater amount shall be allowed or decreed than the sum which shall appear by the evidence to be actually charged by and to be paid to the attorney for the plaintiff.
(2) If it shall appear that there is an agreement or understanding to divide the fees between the plaintiff and his attorney, or between the attorney and any other person except an attorney associated with him in the cause, the defendant shall only be ordered to pay the amount to be retained by the attorney or attorneys.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 10 - Waste › Section 1001 - Right of action for waste -- Damages.

78B-6-1001.
Right of action for waste -- Damages.
If a guardian, tenant for life or years, joint tenant, or tenant in common, of real property commits waste on the property, any person aggrieved by the waste may bring an action against the person. Judgment in the action may include treble damages.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 10 - Waste › Section 1002 - Right of action for injuries to trees -- Damage.

Effective 5/12/2020
78B-6-1002.
Right of action for injuries to trees -- Damage.
(1) Except as provided in Subsection (2), any person who, without authority, willfully or intentionally cuts down or carries off any wood or underwood, tree or timber, or girdles or otherwise willfully or intentionally injures any tree or timber on the land of another person, or on the street or highway in front of any person's house, town or city lot, or cultivated grounds, or on the commons or public grounds of any city or town, or on the street or highway in front, without lawful authority, is liable to the owner of such land, or to the city or town, for treble the amount of damages which may be assessed in a civil action.
(2)
(a) The provisions of this section do not apply to injuries to a tree or timber on the land of another arising from a wildland fire.
(b) Liability for injuries to a tree or timber on the land of another arising from a wildland fire is determined in accordance with Section 65A-3-4.
Amended by Chapter 162, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 10 - Waste › Section 1003 - Limited damages in certain cases.

78B-6-1003.
Limited damages in certain cases.
Nothing in Section 78B-6-1002 authorizes the recovery of more than the just value of the timber taken from uncultivated woodland for the repair of a public highway or bridge upon the land, or adjoining it.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 11 - Nuisance › Section 1101 - Definitions -- Nuisance -- Right of action -- Agriculture operations.

Effective 5/5/2021
78B-6-1101.
Definitions -- Nuisance -- Right of action -- Agriculture operations.
(1) A nuisance is anything that is injurious to health, indecent, offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. A nuisance may be the subject of an action.
(2) A nuisance may include the following:
(a) drug houses and drug dealing as provided in Section 78B-6-1107;
(b) gambling as provided in Title 76, Chapter 10, Part 11, Gambling;
(c) criminal activity committed in concert with three or more persons as provided in Section 76-3-203.1;
(d) criminal activity committed for the benefit of, at the direction of, or in association with any criminal street gang as defined in Section 76-9-802;
(e) criminal activity committed to gain recognition, acceptance, membership, or increased status with a criminal street gang as defined in Section 76-9-802;
(f) party houses that frequently create conditions defined in Subsection (1); and
(g) prostitution as provided in Title 76, Chapter 10, Part 13, Prostitution.
(3) A nuisance under this part includes tobacco smoke that drifts into a residential unit a person rents, leases, or owns, from another residential or commercial unit and the smoke:
(a) drifts in more than once in each of two or more consecutive seven-day periods; and
(b) creates any of the conditions under Subsection (1).
(4) Subsection (3) does not apply to:
(a) a residential rental unit available for temporary rental, such as for a vacation, or available for only 30 or fewer days at a time; or
(b) a hotel or motel room.
(5) Subsection (3) does not apply to a unit that is part of a timeshare development, as defined in Section 57-19-2, or subject to a timeshare interest as defined in Section 57-19-2.
(6) An action may be brought by a person whose property is injuriously affected, or whose personal enjoyment is lessened by the nuisance.
(7) An action for nuisance against an agricultural operation is governed by Title 4, Chapter 44, Agricultural Operations Nuisances Act.
(8) "Critical infrastructure materials operations" means the same as that term is defined in Section 10-9a-901.
(9) "Manufacturing facility" means a factory, plant, or other facility including its appurtenances, where the form of raw materials, processed materials, commodities, or other physical objects is converted or otherwise changed into other materials, commodities, or physical objects or where such materials, commodities, or physical objects are combined to form a new material, commodity, or physical object.
Amended by Chapter 207, 2021 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 11 - Nuisance › Section 1102 - Action.

78B-6-1102.
Action.
(1) An action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened by the nuisance.
(2) Upon judgment, the nuisance may be enjoined or abated, and damages may be recovered.
Enacted by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 11 - Nuisance › Section 1102.5 - Violation of order enjoining a nuisance.

78B-6-1102.5.
Violation of order enjoining a nuisance.
A person who knowingly violates any judgment or order abating or otherwise enjoining a nuisance as defined under Section 78B-6-1101 is guilty of a class B misdemeanor.
Enacted by Chapter 99, 2010 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 11 - Nuisance › Section 1103 - Manufacturing facility in operation over three years -- Limited application of restrictions.

78B-6-1103.
Manufacturing facility in operation over three years -- Limited application of restrictions.
(1) Notwithstanding Sections 76-10-803 and 78B-6-1101, a manufacturing facility or operation may not be considered a nuisance, private or public, by virtue of any changed circumstance in land uses near the facility after it has been in operation for more than three years if the manufacturing facility or operation was not a nuisance at the time it began operation. The manufacturing facility may not increase the condition asserted to be a nuisance. The provisions of this Subsection (1) do not apply if a nuisance results from the negligent or improper operation of a manufacturing facility.
(2) The provisions of Subsection (1) may not affect or defeat the right of any person to recover damages for any injuries or damage sustained because of any pollution of, or change in the condition of, the waters of any stream or the overflow of the lands of any person.
(3) Any and all ordinances now or in the future adopted by any county or municipal corporation in which a manufacturing facility is located and which makes its operation a nuisance or providing for an abatement as a nuisance in the circumstances set forth in this section are null and void. The provisions of this Subsection (3) may not apply whenever a nuisance results from the negligent or improper operation of a manufacturing facility.
Amended by Chapter 185, 2011 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 11 - Nuisance › Section 1105 - Tobacco smoke -- Legislative intent.

78B-6-1105.
Tobacco smoke -- Legislative intent.
(1) The Legislature finds:
(a) the federal Environmental Protection Agency (EPA) has determined that environmental tobacco smoke is a Group A carcinogen, in the same category as other cancer-causing chemicals such as asbestos;
(b) the EPA has determined that there is no acceptable level of exposure to Class A carcinogens; and
(c) the EPA has determined that exposure to environmental tobacco smoke also causes an increase in respiratory diseases and disorders among exposed persons.
(2) The Legislature finds that environmental tobacco smoke generated in a rental or condominium unit may drift into other units, exposing the occupants of those units to tobacco smoke, and that standard construction practices are not effective in preventing this drift of tobacco smoke.
(3) The Legislature further finds that persons who desire to not be exposed to drifting environmental tobacco smoke should be able to determine in advance of entering into a rental, lease, or purchase agreement whether the subject unit may be exposed to environmental tobacco smoke.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 11 - Nuisance › Section 1106 - Rental units -- Tobacco smoke.

78B-6-1106.
Rental units -- Tobacco smoke.
(1) There is no cause of action for a nuisance under Subsection 78B-6-1101(3) if the rental, lease, restrictive covenant, or purchase agreement for the unit states in writing that:
(a) smoking is allowed in other units, either residential or commercial, and that tobacco smoke from those units may drift into the unit that is subject to the agreement; and
(b) by signing the agreement the renter, lessee, or buyer acknowledges he has been informed that tobacco smoke may drift into the unit he is renting, leasing, or purchasing, and he waives any right to a cause of action for a nuisance under Subsection 78B-6-1101(3).
(2) A cause of action for a nuisance under Subsection 78B-6-1101(3) may be brought against:
(a) the individual generating the tobacco smoke;
(b) the renter or lessee who permits or fails to control the generation of tobacco smoke, in violation of the terms of the rental or lease agreement, on the premises he rents or leases; or
(c) the landlord, but only if:
(i) the terms of the renter's or lessee's contract provide the unit will not be subject to the nuisance of drifting tobacco smoke;
(ii) the complaining renter or lessee has provided to the landlord a statement in writing indicating that tobacco smoke is creating a nuisance in the renter's or lessee's unit; and
(iii) the landlord knowingly allows the continuation of a nuisance under Subsection 78B-6-1101(3) after receipt of written notice under Subsection (2)(c)(ii), and in violation of the terms of the rental or lease agreement under Subsection (2)(c)(i).
Enacted by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 11 - Nuisance › Section 1107 - Nuisance -- Drug houses and drug dealing -- Gambling -- Group criminal activity -- Party house -- Prostitution -- Weapons -- Abatement by eviction.

Effective 5/5/2021
78B-6-1107.
Nuisance -- Drug houses and drug dealing -- Gambling -- Group criminal activity -- Party house -- Prostitution -- Weapons -- Abatement by eviction.
(1) Every building or place is a nuisance where:
(a) the unlawful sale, manufacture, service, storage, distribution, dispensing, or acquisition occurs of any controlled substance, precursor, or analog specified in Title 58, Chapter 37, Utah Controlled Substances Act;
(b) gambling is permitted to be played, conducted, or dealt upon as prohibited in Title 76, Chapter 10, Part 11, Gambling, which creates the conditions of a nuisance as defined in Subsection 78B-6-1101(1);
(c) criminal activity is committed in concert with three or more persons as provided in Section 76-3-203.1;
(d) criminal activity is committed for the benefit of, at the direction of, or in association with any criminal street gang as defined in Section 76-9-802;
(e) criminal activity is committed to gain recognition, acceptance, membership, or increased status with a criminal street gang as defined in Section 76-9-802;
(f) parties occur frequently which create the conditions of a nuisance as defined in Subsection 78B-6-1101(1);
(g) prostitution or promotion of prostitution is regularly carried on by one or more persons as provided in Title 76, Chapter 10, Part 13, Prostitution; and
(h) a violation of Title 76, Chapter 10, Part 5, Weapons, occurs on the premises.
(2) It is a defense to nuisance under Subsection (1)(a) if the defendant can prove that the defendant is lawfully entitled to possession of a controlled substance.
(3) Sections 78B-6-1108 through 78B-6-1114 govern only an abatement by eviction of the nuisance as defined in Subsection (1).
Amended by Chapter 207, 2021 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 11 - Nuisance › Section 1108 - Nuisance -- Abatement by eviction.

78B-6-1108.
Nuisance -- Abatement by eviction.
(1) Whenever there is reason to believe that a nuisance under Sections 78B-6-1107 through 78B-6-1114 is kept, maintained, or exists in any county, the county attorney of the county, the city attorney of any incorporated city, any citizen or citizens of the state residing in the county, or any corporation, partnership or business doing business in the county, in his or their own names, may maintain an action in a court of competent jurisdiction to abate the nuisance and obtain an order for the automatic eviction of the tenant.
(2) The court may designate a spokesperson of any group of citizens who would otherwise have the right to maintain an action in their individual names against the defendant under this section.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 11 - Nuisance › Section 1109 - Abatement by eviction order -- Grounds.

78B-6-1109.
Abatement by eviction order -- Grounds.
An order of abatement by eviction may issue only upon a showing by the applicant by a preponderance of the evidence that:
(1) the applicant will suffer irreparable harm unless the order of abatement by eviction issues;
(2) the threatened injury to the applicant outweighs whatever damage the proposed order of abatement by eviction may cause the party so ordered;
(3) the order of abatement by eviction, if issued, would not be adverse to the public interest; and
(4) there is a substantial likelihood that the applicant will prevail on the merits of the underlying claim, or the case presents serious issues on the merits which should be the subject of further litigation.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 11 - Nuisance › Section 1110 - Prior acts or threats of violence -- Protection of witnesses.

78B-6-1110.
Prior acts or threats of violence -- Protection of witnesses.
At the time of application for abatement of the nuisance by eviction pursuant to Sections 78B-6-1108 and 78B-6-1109, if proof of the existence of the nuisance depends, in whole or in part, upon the affidavits of witnesses who are not peace officers, upon a showing of prior threats of violence or acts of violence by any defendant or other person, the court may issue orders to protect those witnesses, including, nondisclosure of the name, address, or any other information which may identify those witnesses.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 11 - Nuisance › Section 1111 - Landlord, owner, or designated agent -- Necessary party -- Automatic eviction.

78B-6-1111.
Landlord, owner, or designated agent -- Necessary party -- Automatic eviction.
(1) A landlord, owner, or designated agent is a necessary party defendant in a nuisance action under Sections 78B-6-1107 through 78B-6-1114 for entry of an order to abate the nuisance by eviction where the acts complained of are those of third parties upon the premises of the landlord, owner, or designated agent.
(2) In the presence of the applicant, the tenant and the landlord, owner, or designated agent at the court's hearing on the action to abate the nuisance by eviction, the court shall notify the necessary parties of its finding that:
(a) a nuisance exists as defined in Section 78B-6-1107; and
(b) as a result, the court is issuing an order to evict the tenant subject to compliance with the security requirement in Section 78B-6-1112.
(3) In all cases, including default judgments, the order of abatement by eviction may be issued and enforced immediately.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 11 - Nuisance › Section 1112 - Security requirement -- Amount not a limitation -- Jurisdiction over surety.

78B-6-1112.
Security requirement -- Amount not a limitation -- Jurisdiction over surety.
(1) The court shall condition issuance of the order of abatement by eviction on the giving of security by the applicant, in such sum and form as the court determines proper, unless it appears that none of the parties will incur or suffer costs, attorney fees, or damage as the result of any wrongful order of abatement by eviction, or unless there exists some other substantial reason for dispensing with the requirement of security. No such security shall be required of the United States, the State of Utah, or of an officer, agency, or subdivision of either; nor shall it be required when it is prohibited by law.
(2) The amount of security shall not establish or limit the amount of costs, including reasonable attorney fees incurred in connection with the order of abatement by eviction, or damages that may be awarded to a party who is found to have been wrongfully evicted.
(3) A surety upon a bond or undertaking under this section submits to the jurisdiction of the court and irrevocably appoints the clerk of the court as agent upon whom any papers affecting the surety's liability on the bond or undertaking may be served. The surety's liability may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the court prescribes may be served on the clerk of the court who shall immediately mail copies to the persons giving the security if their addresses are known.
(4) The plaintiff, upon demand, shall be granted a hearing to be held prior to the expiration of three days from the date the defendant is served with notice of the plaintiff's giving of security as provided in Subsection 78B-6-1112(1).
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 11 - Nuisance › Section 1113 - Evidence of nuisance.

78B-6-1113.
Evidence of nuisance.
In any action for abatement by eviction instituted pursuant to Sections 78B-6-1107 through 78B-6-1114, all evidence otherwise authorized by law, including evidence of reputation in a community, is admissible to prove the existence of a nuisance by a preponderance of the evidence.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 11 - Nuisance › Section 1114 - Award of costs and attorney fees.

78B-6-1114.
Award of costs and attorney fees.
(1) The court may award costs, including the costs of investigation and discovery, and reasonable attorney fees, which are not compensated for pursuant to some other provision of law, to the prevailing party in any case in which a governmental agency, private citizen or citizens, corporation, partnership, or business seeks to abate the nuisance by eviction in or upon any building or place where the nuisance occurs as provided in Section 78B-6-1107.
(2) The court may award costs, including the costs of investigation and discovery, and reasonable attorney fees against a defendant landlord, owner, or designated agent only when the court finds that the defendant landlord, owner, or designated agent had actual notice of the nuisance action and willfully failed to take reasonable action within a reasonable time to abate the nuisance.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 11 - Nuisance › Section 1115 - Critical infrastructure materials operations -- Nuisance liability.

Effective 5/14/2019
78B-6-1115.
Critical infrastructure materials operations -- Nuisance liability.
(1) Activities conducted in the normal and ordinary course of critical infrastructure materials operations or conducted in accordance with sound practices are presumed to be reasonable and not constitute a nuisance.
(2) Critical infrastructure materials operations undertaken in conformity with federal, state, and local laws and regulations, including zoning ordinances, are presumed to be operating within sound critical infrastructure materials practices.
Enacted by Chapter 227, 2019 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1201 - Partition -- By cotenants of real property.

78B-6-1201.
Partition -- By cotenants of real property.
A person who is a joint tenant or tenant in common with another of real property may bring an action to partition the property for the benefit of each tenant. An action for partition may require the sale of the property if it appears that the partition cannot be made without prejudice to the owners.
Enacted by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1202 - Complaint -- To set forth interests of all parties.

78B-6-1202.
Complaint -- To set forth interests of all parties.
(1) The interests of all persons in the property, whether the persons are known or unknown, shall be set forth in the complaint, specifically and particularly, as far as known to the plaintiff.
(2) If one or more of the parties, or the share or quantity of interest of any of the parties, is unknown to the plaintiff, uncertain or contingent, or the ownership of the inheritance depends upon an executory devise, or the remainder is a contingent remainder making the parties unknown, that fact must be set forth in the complaint.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1203 - Parties -- Only holders of recorded rights necessary.

78B-6-1203.
Parties -- Only holders of recorded rights necessary.
A person who does not have a conveyance of, or claim a lien on, the property, or some part of it, is not required to be made a party to the action, unless the conveyance or lien has been properly recorded.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1204 - Lis pendens required.

Effective 5/9/2017
78B-6-1204.
Lis pendens required.
(1) The plaintiff shall file a notice of the action with the recorders of all the counties in which the property is situated. The notice shall contain:
(a) a copy of such complaint; or
(b) a notice of the pendency of the action, containing:
(i) the names of all known parties;
(ii) the object of the action; and
(iii) a description of the property affected.
(2) Once the notice is filed, all persons having an interest in the property shall be considered to have notice of the pendency of the action.
(3) This section does not apply if a plaintiff satisfies the requirements of a notice of pendency of an action required by Section 38-1a-701 or Section 38-10-106.
(4) If a complaint described in Subsection (1)(a) is amended after the notice is recorded, the plaintiff is not required to file an amended notice unless the property description has changed.
Amended by Chapter 103, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1205 - Summons -- To whom directed.

78B-6-1205.
Summons -- To whom directed.
The summons shall be directed to:
(1) all joint tenants;
(2) tenants in common of all persons having any interest in, or recorded liens upon the property or any portion of the property; and
(3) any other person claiming any interest in the property.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1206 - Service by publication.

78B-6-1206.
Service by publication.
If a party having a share or interest is unknown, or any one of the known parties resides out of the state or cannot be found, the summons may be served upon them by publication in accordance with the Utah Rules of Civil Procedure.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1207 - Answer must set forth interests claimed.

78B-6-1207.
Answer must set forth interests claimed.
(1) All defendants shall set forth in their answers, fully and particularly, the origin, nature, and extent of their respective interests in the property.
(2) If a defendant claims a lien on the property by mortgage, judgment, or otherwise, the defendant shall state the original amount and date of the mortgage or judgment, and the amounts remaining unpaid. The defendant shall also state whether the mortgage or judgment has been secured in any other way, and if secured, the extent and nature of the security. If this information is not provided, the defendant shall be considered to have waived any rights to the lien.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1208 - Right of all parties may be determined.

78B-6-1208.
Right of all parties may be determined.
The rights of all parties may be put in issue, tried, and determined by the action. If the court determines a sale of the premises is necessary, the title shall be ascertained to the satisfaction of the court before the judgment of sale can be made. If service of the summons was made by publication, similar proof is required concerning the rights of absent or unknown parties before judgment is rendered. If there are several unknown persons having an interest in the property, their rights may be considered together in the action.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1209 - Partial partition allowed -- When.

78B-6-1209.
Partial partition allowed -- When.
(1) If the court determines that it is impracticable or highly inconvenient to make a complete partition among all the parties in interest, the court may first determine the shares or interests respectively held by the original cotenants as if they were the only parties to the action.
(2) After the initial partition, the court may partition separately each portion allotted among those claiming under a specific tenant whose interest was determined in Subsection (1), unless the parties choose to remain as tenants in common.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1210 - When all holders of recorded rights are not made parties -- Procedure -- Reference.

78B-6-1210.
When all holders of recorded rights are not made parties -- Procedure -- Reference.
If there are outstanding liens or encumbrances of record upon the property when the action is commenced, the persons holding the liens shall be made parties to the action. If the persons are not made parties, the court shall either order the persons made parties to the action by an amendment or supplemental complaint, or appoint a referee to determine whether the liens or encumbrances have been paid. If the referee determines that amounts remain due, the referee shall determine whether the amounts are secured or unsecured and the order of precedence among all the liens or encumbrances on the property.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1211 - Notice of appearance before referee -- Referee's report.

78B-6-1211.
Notice of appearance before referee -- Referee's report.
(1) The referee appointed in Section 78B-6-1210 shall set a date to hear from each person holding a lien on the property. The plaintiff shall have a notice and summons served on each person identified in Section 78B-6-1210 who is not a party to the action.
(2) The summons shall state the specific time and place of the hearing and instruct the person to appear with proof of all amounts due.
(3) If the person cannot be found, the court may direct service to be made by publication in accordance with the Utah Rules of Civil Procedure.
(4) The referee shall provide a report to the court detailing his findings. The court shall confirm, modify, or set aside the findings. If the findings are set aside, a new referee may be appointed in accordance with Section 78B-6-1210.
Enacted by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1212 - If partition prejudicial, sale in lieu thereof -- Partition by referees.

78B-6-1212.
If partition prejudicial, sale in lieu thereof -- Partition by referees.
(1) If the court determines that the property or any part of it cannot be partitioned without great prejudice to the owners, the court may order the property sold.
(2) If the court determines that the property may be partitioned, it shall order a partition according to the respective rights of the parties determined by the court and appoint three referees to do the partition. The court shall also designate a portion to remain undivided for the owners whose interests remain unknown or are not ascertained.
(3) If the action is for partition of a mining claim among the tenants in common, joint tenants, copartners, or parceners, the court, upon good cause shown by any party or parties in interest, may, instead of ordering partition to be made in the manner as provided, or a sale of the premises for cash, direct the referees to divide the claim in the manner provided in Subsections 78B-6-1213(5) through (11).
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1213 - Duties and powers of referees -- Procedure.

78B-6-1213.
Duties and powers of referees -- Procedure.
(1) In making the partition the referees must divide the property among the respective parties as determined by the court pursuant to the provisions of this part.
(2) The referees may designate the portions by proper landmarks, and may employ a surveyor with the necessary assistants to aid them.
(3) In all cases the court shall direct the referees making the partition to:
(a) allot the share of each of the parties owning an interest; and
(b) locate the share of each cotenant, including, if possible, the improvements made by the cotenant upon the property.
(4) The value of the improvements made by tenants in common shall be excluded from the valuation in making allotments if it can be done without material injury to the rights and interests of the other tenants in common.
(5) If the action is for partition of a mining claim, the court shall order the division of the claim by the referees not less than 20 nor more than 40 days from the date of the order, except by consent of all the parties in interest who have appeared in the action.
(6) On the day designated in the order the referees shall go to the property to be divided and proceed to divide the property. If the division requires more than one day to complete, the referees shall continue from day to day until the division is completed.
(7) Two or more of the tenants in common, joint tenants, copartners, or parceners may unite for the purposes of the division. The parties shall give the referees written notice of any unions before the referees begin the division. All who do not unite or give notice of separate action, shall, for the purposes of division, be considered to have united.
(8) The referees shall recognize:
(a) those named in the court order, their agents and attorneys;
(b) a guardian of a minor; and
(c) a guardian entitled to the custody and the management of the estate of an incompetent or incapacitated person.
(9) At the time and place of division one of the referees shall be selected to conduct the proceedings in the manner of public auction. The privilege of selecting first shall be offered to the party who agrees to take the smallest portion of the claim in proportion to that party's interest in the claim. Once the bids are closed, the referees shall measure and mark off, by distinct metes and bounds, the portion of the claim designated by the lowest bidder.
(10) Once the referees have marked off and set apart the interest of the lowest bidder, they shall offer to the remaining parties the privilege of selection as provided, and shall upon closing the bids, proceed in the same manner to locate and mark off the portion of the lowest bidder.
(11) The bidding shall continue and the interest of the lowest bidder marked off until only one party in interest remains. The party remaining shall become the owner of the remainder of the claim not marked off and set apart for the other parties.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1214 - Report of referees.

78B-6-1214.
Report of referees.
The referees shall provide a written report of their proceedings, specifying the manner in which they executed their trust, describing the property divided, and the shares allotted to each party, with a particular description of each share.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1215 - Confirmation, modification, or vacation by court -- Effect of death of party before judgment.

78B-6-1215.
Confirmation, modification, or vacation by court -- Effect of death of party before judgment.
(1) The court may confirm, change, modify, or set aside the report, and if necessary, appoint new referees. Upon the report being confirmed judgment must be rendered that the partition be effectual forever. The judgment shall be binding and conclusive on all persons:
(a) named as parties to the action and their legal representatives, who have at the time any interest in the property, whether as:
(i) owners in fee;
(ii) tenants for life or for years; or
(iii) entitled to the reversion, remainder, or the inheritance of the property or of any portion after the determination of a particular estate in it;
(b) who by any contingency may be entitled to a beneficial interest in the property, or who have an interest in any undivided share thereof as tenants for years or for life;
(c) interested in the property who may be unknown, to whom notice of the action for partition has been given by publications; and
(d) claiming from any parties or persons in Subsection (1)(c).
(2) A judgment is not invalid by reason of the death of any party before final judgment or decree, but the judgment or decree is as conclusive against the heirs, legal representatives, or assigns of the decedent as if it had been entered before the person's death.
Renumbered and Amended by Chapter 3, 2008 General Session