UtahUtah law limits nuisance lawsuits and sets rules for public claims
Utah law bars most common law nuisance claims while allowing certain public nuisance lawsuits and property-based claims over private nuisances.
What it does
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.
Argument forGovernment entities may seek orders to stop public nuisances, and people with distinct injuries may seek compensation for harm a government has not covered.
Argument againstPeople may have fewer ways to challenge public or private nuisances because most common law claims are barred and private public-nuisance claims require a distinct injury.
More detail
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.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 25Governor Spencer Cox SignedBecame Law
- Mar 17House/ to GovernorTo Governor
- Mar 17House/ received enrolled bill from PrintingMinor
- Mar 12House/ enrolled bill to Printing
- Mar 12Enrolled Bill Returned to House or SenateMinor
- Mar 11Draft of Enrolled Bill Prepared
- Mar 11Bill Received from House for EnrollingMinor
- Mar 11House/ signed by Speaker/ sent for enrollingMajor
- Mar 11House/ received from SenateMinor
- Mar 10Senate/ to House
- Mar 10Senate/ signed by President/ returned to HouseMajor
- Mar 10Senate/ received from HouseMinor
- Mar 7House/ to Senate
- Vote recorded House/ concurs with Senate amendment. Result: pass.Lower
- Vote recorded Senate/ passed 2nd & 3rd readings/ suspension. Result: pass.Upper
- Mar 7House/ concurs with Senate amendmentMajor
- Mar 7House/ placed on Concurrence Calendar
- Mar 7House/ received from SenateMinor
- Mar 7Senate/ to House with amendments
- Mar 7Senate/ passed 2nd & 3rd readings/ suspensionPassed Senate
- Mar 7Senate/ floor amendment
- Mar 7Senate/ substituted
- Mar 7Senate/ 2nd & 3rd readings/ suspensionMinor
- Mar 7Senate/ Rules to 2nd Reading Calendar
- Mar 5LFA/ fiscal note publicly available for HB0591S03
- Mar 5LFA/ fiscal note sent to sponsor for HB0591S03
- Mar 5LFA/ bill sent to agencies for fiscal input for HB0591S03
- Mar 5LFA/ bill assigned to staff for fiscal analysis for HB0591S03
- Mar 5Senate/ 2nd Reading Calendar to Rules [Senate Rules Committee]Minor
- Mar 5Senate/ placed on 2nd Reading Calendar
- Mar 5Senate/ comm rpt/ substituted [Senate Judiciary, Law Enforcement, and Criminal Justice Committee]
- Mar 4Senate Comm - Favorable Recommendation [Senate Judiciary, Law Enforcement, and Criminal Justice Committee]Minor
- Mar 4Senate Comm - Substitute Recommendation [Senate Judiciary, Law Enforcement, and Criminal Justice Committee]Major
- Mar 4LFA/ fiscal note publicly available for HB0591S02
- Mar 4LFA/ fiscal note sent to sponsor for HB0591S02
- Mar 4LFA/ bill sent to agencies for fiscal input for HB0591S02
- Mar 4LFA/ bill assigned to staff for fiscal analysis for HB0591S02
- Mar 4LFA/ fiscal note publicly available for HB0591S01
- Mar 4LFA/ fiscal note sent to sponsor for HB0591S01
- Mar 4LFA/ bill sent to agencies for fiscal input for HB0591S01
- Mar 4LFA/ bill assigned to staff for fiscal analysis for HB0591S01
- Mar 2Senate/ to standing committee [Senate Judiciary, Law Enforcement, and Criminal Justice Committee]Minor
- Mar 2Senate/ 1st reading (Introduced)Minor
- Mar 2Senate/ received from HouseMinor
- Feb 27House/ to Senate
- Vote recorded House/ passed 3rd reading. Result: pass.Lower
- Feb 27House/ passed 3rd readingPassed House
- Feb 27House/ 3rd readingMinor
- Feb 26House/ 2nd readingMinor
- Feb 26House/ committee report favorable [House Public Utilities and Energy Committee]Minor
- Feb 25House Comm - Favorable Recommendation [House Public Utilities and Energy Committee]Minor
- Feb 24House/ to standing committee [House Public Utilities and Energy Committee]Minor
- Feb 24House/ received fiscal note from Fiscal AnalystMinor
- Feb 24LFA/ fiscal note publicly available for HB0591
- Feb 24LFA/ fiscal note sent to sponsor for HB0591
- Feb 20House/ 1st reading (Introduced)Minor
- Feb 20House/ received bill from Legislative ResearchMinor
- Feb 20LFA/ bill sent to agencies for fiscal input for HB0591
- Feb 20LFA/ bill assigned to staff for fiscal analysis for HB0591
- Feb 20Numbered Bill Publicly Distributed
- Feb 20Bill Numbered but not DistributedIntroduced
Public SafetyCriminal Justice