Montana § 45-8-112 Action To Abate Public Nuisance

Montana Statutes

§ 45-8-112 — Action To Abate Public Nuisance

Montana § 45-8-112

Title 45CRIMES

Ch. 8OFFENSES AGAINST PUBLIC ORDER

Part 1Conduct Disruptive of Public Order

This text of Montana § 45-8-112 (Action To Abate 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. § 45-8-112 (2026).

Text

45-8-112 . Action to abate public nuisance.

(1)A public nuisance may be abated and the persons maintaining the nuisance and the possessor of the premises who permits the nuisance to be maintained may be enjoined from the conduct by an action in equity in the name of the state of Montana by the county attorney or any resident of the state.

(2)Upon the filing of the complaint in the action, the judge may issue a temporary injunction.

(3)In an action, evidence of the general reputation of the premises is admissible for the purpose of proving the existence of the nuisance.

(4)If the existence of the nuisance is established, an order of abatement must be entered as part of the judgment in the case. The judge issuing the order may:

(a)confiscate all fixtures used on the premises to maintain

Free access — add to your briefcase to read the full text and ask questions with AI

45-8-112 . Action to abate public nuisance. (1) A public nuisance may be abated and the persons maintaining the nuisance and the possessor of the premises who permits the nuisance to be maintained may be enjoined from the conduct by an action in equity in the name of the state of Montana by the county attorney or any resident of the state.
(2) Upon the filing of the complaint in the action, the judge may issue a temporary injunction.
(3) In an action, evidence of the general reputation of the premises is admissible for the purpose of proving the existence of the nuisance.
(4) If the existence of the nuisance is established, an order of abatement must be entered as part of the judgment in the case. The judge issuing the order may:
(a) confiscate all fixtures used on the premises to maintain the nuisance and either sell them and transmit the proceeds to the county general fund, destroy them, or return them to their rightful ownership;
(b) close the premises for any period not to exceed 1 year, during which period the premises must remain in the custody of the court;
(c) allow the premises to be opened upon posting bond sufficient in amount to ensure compliance with the order of abatement. The bond must be forfeited if the nuisance is continued or resumed. The procedure for forfeiture or discharge of the bond is as provided in 46-9-502 and 46-9-503 .
(d) impose any combination of subsections (4)(a) through (4)(c).