HB 1003 -- Private Nuisance Actions

Sponsor:  Hampton

Currently, if any party in an action for private nuisance where
the amount in controversy exceeds $1 million requests the court
or jury to visit the property alleged to be affected by the
nuisance, the court or jury is required to visit the property.
This bill removes the dollar amount in controversy and requires a
visit if any party makes a request.

The bill also specifies that the exclusive damages that may be
awarded to a claimant for a private nuisance originating from
property used for farming, agriculture, crop, or animal
production purposes are:

(1)  For a permanent nuisance, compensatory damages measured by
the reduction in the fair market value of the claimant's property
caused by the nuisance, not to exceed the fair market value of
the property; and

(2)  For a temporary nuisance, compensatory damages measured by
the reduction in the fair rental value of the property which
resulted from the nuisance.

If a successive claim for temporary nuisance related to a similar
activity or use of the defendant's property is brought against
the same defendant or the defendant's successor by the same
claimant or the claimant's successor with ownership or possessory
interest and the activity or use of property at issue is deemed a
nuisance, the activity or use of property must be considered a
permanent nuisance and the claimant must be limited to and bound
by the remedies available for a permanent nuisance.  The bill
does not prohibit a person from recovering damages for:

(1)  Annoyance, discomfort, sickness, or emotional distress if
the damages are awarded on the basis of a cause of action
independent of a claim of nuisance; or

(2)  Crop destruction, crop damage, or a reduction of crop value
resulting from contamination of the seed or grain supply.

Missouri House of Representatives
96th General Assembly, 1st Regular Session
Last Updated August 9, 2011 at 1:27 pm