Legal Definitions - abatement

Abatement means reducing or getting rid of something. It is used in different areas of law.

In property law, abatement means reducing the amount of property taxes a person has to pay. This is done to encourage economic development. Abatement can also be used to stop a public nuisance, which is something that bothers the public. The government or the person responsible for the nuisance has to fix it.

In civil procedure, abatement used to be a way for defendants to challenge the plaintiff's case. This is not used anymore, but the same result can be achieved through other rules.

Abatement ab initio is a rule that says if a defendant dies while appealing their conviction, the conviction is cancelled. This is because the defendant cannot defend themselves anymore. However, this can be a problem for victims who were awarded damages or compensation. For example, in United States v. Estates of Parson, the plaintiffs could not get the $1.3 million they were awarded because the defendant died while appealing. Some people think this rule should be changed.

Overall, abatement is a way to reduce or get rid of something in different areas of law.