Idaho Code

Idaho Code § 52-302 (2026)

Abatement — When allowed.

✓ current as of May 2026

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Abatement — When allowed.

A person injured by a private nuisance may abate it by removing, or, if necessary, destroying, the thing which constitutes the nuisance, without committing a breach of the peace, or doing unnecessary injury.

Notes of Decisions

Cited in 3 cases, 1964–2007 · leading case: State v. Doe, 172 P.3d 1094 (Idaho 2007).

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State v. Doe, 172 P.3d 1094 (Idaho 2007). · cites it 2× “I.C. § 52-302 gives a person injured by a private nuisance the right to abate it.”

Ritter v. Standal, 566 P.2d 769 (Idaho 1977). · cites it 2× “§ 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.”

Ward v. Kidd, 392 P.2d 183 (Idaho 1964). · cites it 2× “Idaho Constitution, art. 1, § 18. The judgment denying defendant’s claim for damages resulting from removal of the obstruction by plaintiffs, was proper.”

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