Illinois Matters to be Considered in Drafting a Notice and/or Request to Abate a Nuisance

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A nuisance is a substantial interference with the right to use and enjoy land, which may be intentional or negligent in origin, and must be a result of defendant's activity.

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FAQ

The threshold remedy for a nuisance is for the public officer to order the owner to abate the nuisance; that is, to repair those conditions that have led a property to be deemed a nuisance. The order requires the owner to make the repairs or take other action within a reasonable time set by the public officer.

The legal remedy to remove or mitigate a public nuisance is usually (a) an injunction to stop the nuisance activity, (b) a partial abatement court order, (c) a negotiated settlement, and/or (d) payment of monetary damages to allow the nuisance to continue.

Abatement action means to take steps or contract with someone to take steps to eliminate or mitigate the direct or immediate threat to the public health or the environment caused by a hazardous materials release.

An abatement is a reduction or an exemption on the level of taxation faced by an individual or company. Examples of an abatement include a tax decrease, a reduction in penalties, or a rebate.

A public nuisance is when a person unreasonably interferes with a right that the general public shares in common. A private nuisance is when the plaintiff's use and enjoyment of her land is interfered with substantially and unreasonably through a thing or activity.

Respondents can not seek cover under the general welfare clause authorizing the abatement of nuisances without judicial proceedings. That tenet applies to a nuisance per se, or one which affects the immediate safety of persons and property and may be summarily abated under the undefined law of necessity.

A nuisance involves an unreasonable or unlawful use of property that results in material annoyance, inconvenience, discomfort, or injury to another person or to the public.

Definitions of abatement of a nuisance. (law) the removal or termination or destruction of something that has been found to be a nuisance. synonyms: nuisance abatement. types: asbestos abatement.

While the tort of private nuisance provides a remedy for interferences with the use and enjoyment of real estate, the tort of public nuisance allows recovery for activities that hurt a neighborhood or society.

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Illinois Matters to be Considered in Drafting a Notice and/or Request to Abate a Nuisance