Montana Code Annotated 2025

TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

CHAPTER 30. NUISANCES

Part 2. Public Nuisances

Abatement Of Public Nuisance By Government Entity Or Officer Or Injured Party

27-30-204. Abatement of public nuisance by government entity or officer or injured party. A public nuisance may be abated by a government entity or officer authorized by law. A person may abate a public nuisance that is specially injurious to that person by removing or, if necessary, destroying the thing that constitutes the nuisance, as long as doing so would not constitute a breach of the peace or cause unnecessary injury. Nothing in this section alters the remedies to a government entity or private person in a public nuisance cause of action.

History: Ap. p. Sec. 4574, Civ. C. 1895; re-en. Sec. 6172, Rev. C. 1907; re-en. Sec. 8652, R.C.M. 1921; Cal. Civ. C. Sec. 3494; Field Civ. C. Sec. 1959; re-en. Sec. 8652, R.C.M. 1935; Sec. 57-111, R.C.M. 1947; Ap. p. Sec. 4575, Civ. C. 1895; re-en. Sec. 6173, Rev. C. 1907; re-en. Sec. 8653, R.C.M. 1921; Cal. Civ. C. Sec. 3495; Field Civ. C. Sec. 1960; re-en. Sec. 8653, R.C.M. 1935; Sec. 57-112, R.C.M. 1947; R.C.M. 1947, 57-111, 57-112; amd. Sec. 737, Ch. 56, L. 2009; amd. Sec. 7, Ch. 531, L. 2025.