abatable


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Related to abatable: abatable nuisance
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Words related to abatable

capable of being abated

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References in periodicals archive ?
Not every interference with "public convenience" constitutes an abatable nuisance, nor does every act or omission that fails to maximize overall social utility.
(120) But this shrinking of the universe of abatable nuisances has the simultaneous effect of excluding the sorts of "activities" that emergency destruction addresses.
contamination constitutes a permanent or abatable injury to the land
indicated that the contamination was "remediable or abatable"
contamination was an abatable, rather than permanent, injury to the
whether the resultant injury to the land is permanent or abatable. Under
3401), they were only secondarily liable because such amounts are abatable under Sec.
The Ninth Circuit then considered whether the Railroads might nevertheless be liable under nuisance law as possessors of land with an abatable artificial condition.
(66) In addition, the district court of appeal noted that nuisance cases do not necessarily rely on technical issues, because "a given activity can constitute a judicially abatable nuisance notwithstanding full compliance with either legislative mandate or administrative rule." (67) Accordingly, the district court of appeal held that the attorney general's suit was improperly dismissed by the trial court.
Lucas' improvement of coastal property as an abatable nuisance.
(239) See RESTATEMENT (SECOND) OF TORTS [section] 839 (1979) (subjecting a possessor of land of liability when in possession by an abatable artificial condition on such land); see also id [section] 839 cmt.
Damage to real property is measured by either the cost of repair or the diminution in value.(51) At common law, if the damage is temporary or abatable, the measure of damage is the cost of repair.(52) Conversely, if the damage is permanent, the measure of damage is the diminution in value to the property that was caused by the damage.
Cushman Dam was held not to be reasonably abatable because costs of