Idaho Code
Idaho Code

Idaho Code § 52-107 (2026)

Private nuisance. 

✓ current as of May 2026
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Private nuisance. 

Every nuisance not defined by law as a public nuisance or a moral nuisance, is private.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 2013–2023 · leading case: McVicars v. Christensen, 320 P.3d 948 (Idaho 2014).
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McVicars v. Christensen, 320 P.3d 948 (Idaho 2014). · cites it 4× “” I.C. § 52-107. “A nuisance per se is that which is a nuisance at all times and under all circumstances.”
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…”
United States v. Gerke (D. Idaho 2023). · cites it 2× “” Idaho Code § 52-107 ; see also Newton, 469 P.”
Newton v. MJK/BJK MBK Lake; KAKM & Idaho Dept of Lands (Idaho 2020). · cites it 2× “Idaho Code section 52-101 provides that a nuisance is: 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…”
McVicars v. Christensen (Idaho 2013). · cites it 2× “” I.C. § 52-107. “A nuisance per se is that which is a nuisance at all times and under all circumstances.”
McVicars v. Christensen (Idaho 2014). · cites it 2× “” I.C. § 52-107. “A nuisance per se is that which is a nuisance at all times and under all circumstances.”
Spirit Ridge Mineral Springs v. Franklin Cnty. (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…”
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