Title 42 — Nuisances
4 chapters · 36 sections in this title.
N.D.C.C. § 42-01-01 Nuisance - Definition
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A nuisance consists in unlawfully doing an act or omitting to perform a duty, which act or omission: 1. Annoys, injures, or endangers the comfort, repose, health, or safety of others; 2. Offends decency; 3. Unlawfully interferes with, obstructs or tends to obstruct, or renders da…
N.D.C.C. § 42-01-01.1 Sport shooting range deemed not a nuisance
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If a sport shooting range has been in operation for one year since the date on which it began operation as a sport shooting range, it does not become a public or private nuisance as a result of changed conditions in or around the locality of the sport shooting range. If a sport s…
N.D.C.C. § 42-01-01.2 Disorderly house - Public nuisance
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An owner or lessee, or both, of a house or building that is used in a manner that habitually disturbs the peace, comfort, or decency of the immediate neighborhood is guilty of maintaining a public nuisance. A lessee is not guilty of an offense under this section unless the lessee…
N.D.C.C. § 42-01-02 Private nuisance - Definition
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A private nuisance is one which affects a single individual or a determinate number of persons in the enjoyment of some private right not common to the public.
N.D.C.C. § 42-01-03 Private nuisance - Remedies against
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The remedies against a private nuisance are: 1. A civil action; or 2. Abatement.
N.D.C.C. § 42-01-04 Abatement by private person
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A person injured by a private nuisance may abate it by removing, or, if necessary, destroying the thing which constitutes the nuisance, but the person shall not commit a breach of the peace or do unnecessary injury while exercising this right.
N.D.C.C. § 42-01-05 Abatement - When notice required
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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 shall be given to the wrongdoer before entering to abate it.
N.D.C.C. § 42-01-06 Public nuisance - Definition
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A public nuisance is one which at the same time affects an entire community or neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon the individuals may be unequal.
N.D.C.C. § 42-01-07 Public nuisance - Remedies against
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The remedies against a public nuisance are: 1. Indictment; 2. Filing an information; 3. Bringing a criminal action before a district judge; 4. A civil action; or 5. Abatement.
N.D.C.C. § 42-01-08 Civil action - When maintainable by a private person
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A private person may maintain an action for a public nuisance if it is specially injurious to that person or that person's property, but not otherwise.
N.D.C.C. § 42-01-09 Abatement by public officer
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A public nuisance may be abated by any public body or officer authorized thereto by law.
N.D.C.C. § 42-01-10 Abatement by private persons
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Any person may abate a public nuisance which is specially injurious to that person by removing, or, if necessary, destroying, the thing which constitutes the nuisance, but that person shall not commit a breach of the peace or do unnecessary injury while exercising this right.
N.D.C.C. § 42-01-11 Right to damages not prejudiced by abatement
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The abatement of a nuisance does not prejudice the right of any person to recover damages for its past existence.
N.D.C.C. § 42-01-12 Act done under statutory authority not deemed nuisance
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Nothing which is done or maintained under the express authority of a statute shall be deemed a nuisance.
N.D.C.C. § 42-01-13 Liability of successive owners of property for failure to abate nuisance
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Every successive owner of property who neglects to abate a continuing nuisance upon or in the use of such property created by a former owner is liable therefor in the same manner as the one who first created it.
N.D.C.C. § 42-01-14 Lapse of time - Effect on public nuisance
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No lapse of time can legalize a public nuisance amounting to an actual obstruction of public right.
N.D.C.C. § 42-01-15 Maintaining public nuisance - Penalty
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Every person who maintains or commits any public nuisance, the punishment for which is not otherwise prescribed, or who willfully omits to perform any legal duty relating to the removal of a public nuisance, is guilty of a class A misdemeanor.