Montana § 27-30-205 Liability For Public Nuisance

Montana Statutes

§ 27-30-205 — Liability For Public Nuisance

Montana § 27-30-205

Title 27CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

Ch. 30NUISANCES

Part 2Public Nuisances

This text of Montana § 27-30-205 (Liability For Public Nuisance) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 27-30-205 (2026).

Text

27-30-205 . Liability for public nuisance.

(1)A person may be subject to a public nuisance cause of action only if that person proximately caused the public nuisance at the time the public nuisance was created, which includes controlling, or instructing another person to engage in, the activity that proximately caused the public nuisance.

(2)Every successive owner of property who neglects to abate a continuing public nuisance upon or in the use of the property that was created by a former owner is liable for the public nuisance in the same manner as the one who first created it.

(3)No lapse of time can legalize a public nuisance amounting to an actual obstruction of public right.

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27-30-205 . Liability for public nuisance. (1) A person may be subject to a public nuisance cause of action only if that person proximately caused the public nuisance at the time the public nuisance was created, which includes controlling, or instructing another person to engage in, the activity that proximately caused the public nuisance.
(2) Every successive owner of property who neglects to abate a continuing public nuisance upon or in the use of the property that was created by a former owner is liable for the public nuisance in the same manner as the one who first created it.
(3) No lapse of time can legalize a public nuisance amounting to an actual obstruction of public right.