27-30-304. Liability for private nuisance. (1) A person may be subject to a private nuisance cause of action only if that person, or the person's agent, proximately caused the private nuisance or, if that person is not available for a private nuisance lawsuit or cannot satisfy a private nuisance judgment, the person who owns or controls the real property where the private nuisance exists.

(2) Every successive owner or controller of real property who neglects to abate a continuing private nuisance upon or in the use of the property that was created under previous ownership is liable for the private nuisance in the same manner as the one who owned or controlled the real property when the private nuisance was created.