This bill addresses the private right of action for a nuisance claim against a governmental entity.
This bill:
AI-generated summary, not yet reviewed by Better Utah staff. Please consult the bill text.
Under current law, Utah government entities generally have "governmental immunity," meaning they typically cannot be sued the way a private person or business can. This bill would create a new exception allowing a landowner or tenant whose property or business sits next to government-owned or controlled property to sue that government entity if it allows a third party's ongoing conduct on that property to create a "public nuisance" or a "private nuisance" — meaning activity that substantially and unreasonably interferes with a neighbor's enjoyment of their property or disrupts the lawful operation of their business. Under the bill, the government entity would not be allowed to use immunity as a defense in these lawsuits and would instead be held to the same legal standard as a private property owner facing a nuisance claim, even when the nuisance is caused by a third party's actions rather than the government's own conduct. The lawsuit would need to follow existing legal procedures and time limits that apply to property or injury claims.
Introduction
Jan 23
House Rules
House Committee
House Floor Vote
Senate Rules
Senate Committee
Senate 2nd Reading
Senate 3rd Reading
Governor
IntroductionJan 23
House Rules
House Committee
House Floor Vote
Senate Rules
Senate Committee
Senate 2nd Reading
Senate 3rd Reading
Governor
This bill addresses the private right of action for a nuisance claim against a governmental entity.
This bill:
AI-generated summary, not yet reviewed by Better Utah staff. Please consult the bill text.
Under current law, Utah government entities generally have "governmental immunity," meaning they typically cannot be sued the way a private person or business can. This bill would create a new exception allowing a landowner or tenant whose property or business sits next to government-owned or controlled property to sue that government entity if it allows a third party's ongoing conduct on that property to create a "public nuisance" or a "private nuisance" — meaning activity that substantially and unreasonably interferes with a neighbor's enjoyment of their property or disrupts the lawful operation of their business. Under the bill, the government entity would not be allowed to use immunity as a defense in these lawsuits and would instead be held to the same legal standard as a private property owner facing a nuisance claim, even when the nuisance is caused by a third party's actions rather than the government's own conduct. The lawsuit would need to follow existing legal procedures and time limits that apply to property or injury claims.
House/ filed
House file for bills not passed
House/ strike enacting clause
Clerk of the House
House/ received fiscal note from Fiscal Analyst
House Rules Committee
LFA/ fiscal note publicly available for HB0355
Released
LFA/ fiscal note sent to sponsor for HB0355
Version Sponsor
Last updated Aug 29, 2026, 5:26 PM