Consolidating ten or more blighted houses into a single case against a single defendant before one court, when that defendant has the financial resources to abate nuisance conditions, gets more nuisances abated quicker.
This use of public nuisance actions to obtain a court order for abatement of the nuisance condition, however, needs to anticipate that the owners will attempt to elude the jurisdiction of the court by any means possible to evade the cost of abating the nuisances.
They then use that contracting right to justify the unlawful practice of owning or controlling houses that are a threat to the public health, safety, and welfare, cited by cities as public nuisances, and even condemned as unfit for habitation.
A private person may likewise abate a public nuisance which is specially injurious to him by removing, or if necessary, by destroying the thing which constitutes the same, peacefully and without unnecessary injury.
Meanwhile, a private person aggrieved by a private nuisance may: (a) institute a civil action; or (b) have said nuisance summarily abated by a public official.
The aggrieved private person or public official shall be liable for damages for extrajudicially abating the nuisance if: (a) he causes unnecessary injury; or (b) the alleged nuisance is later declared by the courts to be not a real nuisance.
Hamilton, Right-To-Farm Laws Reconsidered: Ten Reasons Why Legislative Efforts to Resolve Agricultural Nuisances May Be Ineffective, 3 Drake J.
The origins of agricultural nuisance can be traced back more than four hundred years to William Aldred's Case in 1610.
Risk is another major theme in this special issue, and the urban hazards examined in the preceding articles are perhaps disserved by the term nuisance
, which does not quite convey the real dangers involved with living and working in contaminated environments.
The modern formulation of public nuisance is found in Section 821B of the Restatement (Second) of Torts.
But some members of the American Law Institute ("ALI") "who saw Prosser's proffered language as a way to restrict the use of public nuisance in the environmental cases then emerging sought to have it reconsidered.
Investigating an alleged nuisance property requires an inquiry into the history of a property as documented by government records.
A police computer-assisted dispatch system database will assist in determining the number, frequency, and type of calls for police services from or regarding a suspected nuisance property.
Public nuisance has historical roots in a crime called a purpresture, which was an "'encroachment on the king's right'" and involved an action such as an "'obstruction of roads, non-repair of bridges, [or an] interference with light.
43) Where the harm caused outweighs the social utility, a nuisance occurs.