Idaho Code

Idaho Code § 52-101 (2026)

Nuisance defined. 

✓ current as of May 2026
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Nuisance defined. 

Anything which is injurious to health or morals, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, stream, canal, or basin, or any public park, square, street, or highway, is a nuisance.

Notes of Decisions
Cited in 25 cases (4 in the last 5 years), 1950–2026 · leading case: Brown v. City of Pocatello, 229 P.3d 1164 (Idaho 2010).
Brown v. City of Pocatello, 229 P.3d 1164 (Idaho 2010). · cites it 4× “Idaho Code § 52-101 , titled “Nuisance defined,” provides that: Anything which is injurious to health or morals, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or…”
Moon v. North Idaho Farmers Ass'n, 96 P.3d 637 (Idaho 2004). · cites it 4× “"); I.C. § 52-101 (defining nuisance as "anything which is injurious to health [ .”
McVicars v. Christensen, 320 P.3d 948 (Idaho 2014). · cites it 4× “Idaho Code section 52-101 defines a nuisance as “[a]nything which is injurious to health or morals, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property .”
Ritter v. Standal, 566 P.2d 769 (Idaho 1977). · cites it 4× “I.C. § 52-101 provides the following: “52-101.”
Campion v. Simpson, 659 P.2d 766 (Idaho 1983). · cites it 4× “Idaho Code § 52-101 provides as follows: NUISANCE DEFINED.”
Crea v. Crea, 16 P.3d 922 (Idaho 2000). · cites it 2× “Idaho Code section 52-101 defines as nuisance as “anything which is injurious to health or morals, or is indecent, or offensive to the senses----” Id.”
Rowe v. City of Pocatello, 218 P.2d 695 (Idaho 1950). · cites it 2× “in part reads: “Anything which is injurious to health or morals, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, * * * ” The definition in the penal code (sec.”
City of Nampa v. Swayne, 547 P.2d 1135 (Idaho 1976). · cites it 2× “I.C. §§ 52-101 and 52-102 provide in pertinent part: “Anything which is injurious to health or morals, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully…”
Spirit Ridge Mineral Springs, LLC v. Franklin Cnty., 337 P.3d 583 (Idaho 2014). · cites it 2× “A nuisance is defined by Idaho statute as follows: Anything which is injurious to health or morals, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully…”
Carpenter v. Double R Cattle Co., Inc., 669 P.2d 643 (Idaho Ct. App. 1983). · cites it 2× “Idaho Code § 52-101 , which has antecedents dating to 1881, defines a nuisance as “[ajnything which is injurious to health or morals, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of…”
Archer v. Shields Lumber Co., 434 P.2d 79 (Idaho 1967). · cites it 2× “A “nuisance” is statutorily defined in Idaho as “[ajnything which is injurious to health or morals, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life- or property, * * I.C. §…”
Payne v. Skaar, 900 P.2d 1352 (Idaho 1995). · cites it 2× “I.C. § 52-101. The statutory definition is not limited to things which cause damage.”
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