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A party injured by a nuisance has the right to abate that nuisance without notice of the abatement to the person who has committed the nuisance. Abatement rights for acts of commission are without notice to the party. If the nuisance arises by an omission there must be notice unless there is an emergency. In a public nuisance, there need not be any particular care used to prevent injury to the objects but the extent of the abatement is limited by necessity. If the nuisance is private, the abator must use care and only remove that which is necessary to stop the nuisance.

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