Montana § 27-30-306 Emergency Abatement Of Private Nuisance By Injured Party

Montana Statutes

§ 27-30-306 — Emergency Abatement Of Private Nuisance By Injured Party

Montana § 27-30-306

Title 27CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

Ch. 30NUISANCES

Part 3Private Nuisances

This text of Montana § 27-30-306 (Emergency Abatement Of Private Nuisance By Injured Party) 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. § 27-30-306 (2026).

Text

27-30-306 . Emergency abatement of private nuisance by injured party. A person injured by a private nuisance may abate it by removing or, if necessary, destroying the thing that constitutes the private nuisance so long as doing so would not constitute committing a breach of the peace or cause unnecessary injury. When a private nuisance results from a mere omission of the wrongdoer and cannot be abated without entering upon the wrongdoer's land, reasonable notice must be given to the wrongdoer before entering to abate the private nuisance. Nothing in this section alters the remedies available in a private nuisance cause of action.

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27-30-306 . Emergency abatement of private nuisance by injured party. A person injured by a private nuisance may abate it by removing or, if necessary, destroying the thing that constitutes the private nuisance so long as doing so would not constitute committing a breach of the peace or cause unnecessary injury. When a private nuisance results from a mere omission of the wrongdoer and cannot be abated without entering upon the wrongdoer's land, reasonable notice must be given to the wrongdoer before entering to abate the private nuisance. Nothing in this section alters the remedies available in a private nuisance cause of action.