Bill > HB0591

This bill, titled "Nuisance Amendments," significantly revises Utah law concerning private and public nuisances, aiming to clarify definitions, establish new procedures, and introduce specific defenses. It redefines "nuisance" and introduces distinct categories like "private nuisance" and "public nuisance," with detailed provisions for each, including specific definitions for "agricultural operation," "drug nuisance," and "tobacco nuisance." The bill outlines new rights of action for government entities and private parties regarding public nuisances, specifying conditions under which such actions can be brought and limiting the remedies to injunctive relief and reasonable abatement resources, while explicitly prohibiting damages. It also establishes a new framework for private nuisance actions, allowing for damages, injunctions, and abatement by eviction, and introduces defenses for certain activities, such as established manufacturing facilities, critical infrastructure materials operations, agricultural operations, and shooting ranges, provided they meet specific criteria and do not substantially affect public health or safety. Furthermore, the bill addresses the issue of abandoned horses by updating definitions and procedures for their removal and sale, and it clarifies rules regarding noise from nighttime highway construction. A key provision is the abrogation of common law nuisance rights, except for those that accrued before May 6, 2026, or can be brought by the Attorney General under specific circumstances, and it mandates a review of these changes by the Judiciary Interim Committee. The bill also repeals numerous existing statutes related to nuisances, abandoned horses, and other related matters, consolidating and modernizing the legal landscape surrounding these issues.