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§ 30-8-8 NMSA 1978

Abatement of a public nuisance

Applied in 3 court decisions — leading case New Mexico v. General Electric Co. (2004)

Most recently applied in New Mexico ex rel. Balderas v. Purdue Pharma L.P. (June 2018)

1953 Comp., § 40A-8-5, enacted by Laws 1963, ch. 303, § 8-5.

How often courts cite this section

20042010201810
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

A. Except as herein provided, an action for the abatement of a public nuisance shall be governed by the general rules of civil procedure.

B. A civil action to abate a public nuisance may be brought, by verified complaint in the name of the state without cost, by any public officer or private citizen, in the district court of the county where the public nuisance exists, against any person, corporation or association of persons who shall create, perform or maintain a public nuisance.

C. When judgment is against the defendant in an action to abate a public nuisance, he shall be adjudged to pay all court costs and a reasonable fee for the complainant's attorney, when the suit is not prosecuted exclusively by the attorney general or a district attorney.

Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.