Utah law bars most common law nuisance claims while allowing certain public nuisance lawsuits and property-based claims over private nuisances.
Government entities may sue over public nuisances that meet legal tests, and people with a distinct injury may seek compensation. Most common law nuisance claims are barred, with exceptions for older cases and certain attorney general actions.
People with a legal interest in affected property may sue over a private nuisance. Courts may award damages or order repairs, other steps, or eviction when the legal tests are met.
Some farm, mining, manufacturing, shooting range, and migratory bird activities have defenses against nuisance claims. The protections depend on legal compliance, operating history, sound practices, or effects on public health and safety.
Government entities may bring public nuisance lawsuits, and people with a distinct injury may bring their own claims. These rules cover public nuisance claims by government entities or private parties, and common law public or private nuisance claims in Utah. A government entity must show the defendant's conduct caused the nuisance in a reasonably foreseeable way, and that the nuisance would not exist without that conduct or its costs to address the nuisance would drop by at least 25%. A local government may sue only over a nuisance entirely within its area. For a nuisance beyond one local government's area, only the attorney general may sue for the state. A private party must prove, by clear and convincing evidence, an injury different in kind from the public's injury. The court may award compensation only for that special injury, and a class action is not allowed. Most common law civil claims for public or private nuisance are barred. The attorney general may bring one if there is substantial ongoing harm to many Utah residents and the attorney general acts for the state, a local government, or residents. The law takes effect May 6, 2026. The bar on common law claims does not apply to claims that accrued or were already pending in court before that date.
A person with a legal interest in affected property may sue over a private nuisance. The person must own or possess a legal interest in the affected real property. The person's property must be harmed by the nuisance, or the person's enjoyment of it must be reduced. A court may order repairs, other steps to address the nuisance, or eviction. Eviction requires the court to find that the plaintiff faces serious harm, the balance of harm favors eviction, eviction serves the public interest, and the plaintiff is likely to win or has serious issues to pursue. The court may require the plaintiff to provide security to cover possible harm from a wrongful eviction order, subject to exceptions. The law takes effect May 6, 2026.
Certain farm, mining, manufacturing, shooting range, and migratory bird activities have defenses against nuisance claims. The defenses apply to nuisance claims against the listed operations or activities, within each defense's limits. Farm and critical infrastructure materials operations must meet sound-practice or legal-compliance rules; separate limits apply to claims involving farm operations. A manufacturing facility must have operated for more than three years and not have been a private nuisance when it began operating. The defense does not apply to negligent or improper operation. Shooting range protections depend on when the range began operating or whether it followed noise rules at that time. The range must not substantially harm public health or safety. Migratory bird area protections apply only to activities normally linked to such an area, carried out there, and not in violation of federal or state law. The law takes effect May 6, 2026.
No hearings or votes scheduled.