Colorado § 25-12-104 - Action to abate.
Full text of Colorado Colorado Revised Statutes § 25-12-104 — Action to abate., with citation guidance and answers to common questions.
§ 25-12-104. Action to abate.
Whenever there is reason to believe that a nuisance exists, as defined in section 25-12-103, any county or resident of the state may maintain an action in equity in the district court of the judicial district in which the alleged nuisance exists to abate and prevent such nuisance and to perpetually enjoin the person conducting or maintaining the same and the owner, lessee, or agent of the building or place in or upon which such nuisance exists from directly or indirectly maintaining or permitting such nuisance. Notwithstanding any other provision of this section, a county shall not maintain an action pursuant to this section if the alleged nuisance involves a mining operation or the development, extraction, or transportation of construction materials, as those terms are defined in section 34-32.5-103, C.R.S., a commercial activity, the commercial use of property, avalanche control activities, a farming or ranching activity, an activity of a utility, or a mining or oil and gas operation. When proceedings by injunction are instituted, such proceedings shall be conducted under the Colorado rules of civil procedure. The court may stay the effect of any order issued under this section for such time as is reasonably necessary for the defendant to come into compliance with the provisions of this article.
Source: L. 71: p. 649, § 1. C.R.S. 1963: § 66-35-4. L. 2008: Entire section amended, p. 57, § 1, effective August 5.
Cross references: For injunctions, see C.R.C.P. 65.
ANNOTATION
Construction and operation of a public highway are not activities which can be abated as a public nuisance. City of Lakewood v. DeRoos, 631 P.2d 1140 (Colo. App. 1981).
Applied in Einarsen v. City of Wheat Ridge, 43 Colo. App. 232, 604 P.2d 691 (1979).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 25-12-104
What does Colorado Revised Statutes § 25-12-104 cover?
Section 25-12-104 ("Action to abate.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 25-12-104?
A common citation format is "Colorado Revised Statutes § 25-12-104" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 25-12-104 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.