(1) Except as otherwise provided by this section and Part 4, Defenses to Nuisance Actions, a private party has a right of action for a public nuisance against a person if:
(a) the person:
(i) engages in an activity that directly causes the public nuisance and the public nuisance is a reasonably foreseeable result of the person's activity;
(ii) controls or instructs at least one other person to engage in an activity that directly causes the public nuisance and the public nuisance is a reasonably foreseeable result of the other person's activity; or
(iii) is the successive owner of property and neglects to abate a continuing public nuisance upon, or in the use of the property, that was created by a former owner;
(b) not for the person's conduct under Subsection (1)(a):
(i) the public nuisance would not exist; or
(ii) the private party's expenditures to abate or address the public nuisance would decrease by at least 25%; and
(c) the private party can establish, by clear and convincing evidence, that the private party has suffered special injury.
(2) A private party that brings a public nuisance action under Subsection (1) shall plead each element of the public nuisance action:
(a) by verified complaint, counterclaim, or third party complaint; and
(b) with particularity under the same standard required by Utah Rules of Civil Procedure, Rule 9.
(3) If a private party brings an action for a public nuisance, the court may only award compensatory damages for the special injury that may not be otherwise reimbursed, or have been reimbursed, by a government entity.
(4) The abatement of a public nuisance by a government entity as described in Section 78B-6a-204 does not preclude a right of action under this section.
(5) A class action may not be brought under this section for special injuries arising out of a public nuisance.