§ 11-51a-104 — Emergency abatement of a catastrophic public nuisance -- Indemnify, defend, hold harmless.

(1) If a chief executive officer of a political subdivision or a county sheriff determines that a public nuisance exists on federally managed land, pursuant to Subsection 11-51a-103(1), and the chief executive officer of a political subdivision or the county sheriff also finds that the catastrophic public nuisance in question adversely affects, or constitutes a threat to, the public health, safety, and welfare of the people of the political subdivision, the chief executive officer of the political subdivision or the county sheriff may, after consulting with the attorney general, pursue all remedies allowed by law.
(2) In seeking an emergency abatement of a catastrophic public nuisance, a chief executive officer of a political subdivision or a county sheriff shall attempt, as much as possible, to:

(2)(a) coordinate with state and federal agencies; and
(2)(b) seek the advice of professionals, including private sector professionals, with expertise in abating a catastrophic public nuisance.
(3) The state shall indemnify, defend, and hold a chief executive officer or county sheriff harmless from any claims or damages, including court costs and attorney fees, that are assessed as a result of the chief executive officer's or county sheriff's action, if:

(3)(a) the chief executive officer or county sheriff has complied with this chapter;
(3)(b) the court challenge against the chief executive officer or county sheriff addresses the chief executive officer's or county sheriff's action in abating a catastrophic public nuisance; and
(3)(c) the chief executive officer's or county sheriff's action abating the catastrophic public nuisance were in reasonable furtherance of the detailed proposed abatement plan described in Subsection 11-51a-103(3)(b).

Legislative History

Amended by Chapter 500, 2019 General Session