UT HB0355

Private landowners and tenants adjacent to government-owned property may sue governmental entities for public or private nuisances created by third parties on that government property

Governmental immunity under the Utah Governmental Immunity Act cannot be used as a defense against these nuisance claims

"Private nuisance" is defined as unauthorized third-party use of government property that substantially interferes with an adjacent property owner's enjoyment of their property or materially obstructs their business operations

Government entities are held to the same liability standard as private individuals for nuisance claims, even when the nuisance is caused by third-party actions or inactions

Effective date: May 6, 2026