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Anticipatory nuisance and unsafe dams.

By: Contributor(s): Material type: TextTextLanguage: ENG Publication details: JAN 1990Description: 20 pReport number: PUBLICATION-NO.-167Subject(s): Subject: Examines one aspect of the law of nuisance: the concept of anticipatory nuisance, and seeks to delineate the circumstances in which the equitable jurisdiction of the court may possibly be invoked to obtain the equitable remedy of the "quia timet" injunction. It is conceded that anticipatory nuisance law may not be the best available course of action in seeking to eliminate the risk of unsafe dams; however it is presented here as a viable aleternative.
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Examines one aspect of the law of nuisance: the concept of anticipatory nuisance, and seeks to delineate the circumstances in which the equitable jurisdiction of the court may possibly be invoked to obtain the equitable remedy of the "quia timet" injunction. It is conceded that anticipatory nuisance law may not be the best available course of action in seeking to eliminate the risk of unsafe dams; however it is presented here as a viable aleternative.

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