Idaho Code
Idaho Code

Idaho Code § 52-204 (2026)

Action by private person. 

✓ current as of May 2026
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Action by private person. 

A private person may maintain an action:

1.  For a moral nuisance, if he be a resident citizen of the county, whether the nuisance complained of is specially injurious to him or not.
2.  For any other public nuisance, if it is specially injurious to himself.
Notes of Decisions
Cited in 3 cases, 1953–1983 · leading case: Campion v. Simpson, 659 P.2d 766 (Idaho 1983).
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Campion v. Simpson, 659 P.2d 766 (Idaho 1983). · cites it 4× “izens should not ordinarily abate such public nuisances, because, in 1967, the Idaho Legislature enacted subsection (9) of § 58-104, Idaho Code, which added to the State Board of Land Commissioners the power to "regulate and control the use or disposition of lands in the beds of…”
State v. Vill. of Garden City, 265 P.2d 328 (Idaho 1953). · cites it 2× “) See also Section 52-204,1.C. We conclude the respondents are proper parties plaintiff and they can maintain the action as relators in the name of the State, and challenge the constitutionality of the legislative acts here complained of.”
Ritter v. Standal, 566 P.2d 769 (Idaho 1977). · cites it 2× “I.C. § 52-204; I.C. § 52-302. The nuisance in this case deprived the plaintiff respondent Hull of the right of ingress and egress to her property via the estuary; thus, she had a right under the statutes to bring this action to ask the court for abatement of the nuisance.”
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