27-30-302. 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 nuisance without committing a breach of the peace or doing 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 nuisance.

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Terms Used In Montana Code 27-30-302

  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201