SB 991
Codifying common law cause of action of public nuisance
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill aims to establish a formal, codified legal cause of action for public nuisances in West Virginia. It seeks to align the state’s law with the traditional understanding of public nuisance claims, focusing on conditions that unlawfully interfere with public rights like access to land, air, or water. The bill clarifies who can bring such a lawsuit and the types of remedies available, particularly distinguishing between government entities and private citizens.
Key provisions
- Establishes a codified public nuisance cause of action consistent with historical applications.
- Defines ‘public nuisance’ as conditions interfering with public rights, including access to public land, air, and water.
- Specifies standing requirements for both government entities and private citizens to bring such a lawsuit.
- Limits remedies for government entities to injunctive relief and resources for abatement, excluding damages.
- Restricts remedies for private citizens to compensatory damages for special injuries.
- Creates an affirmative defense for lack of control over the source of the nuisance.
- Applies the new provisions prospectively, only to claims arising after the bill’s enactment.
- Clarifies that the common law of public nuisance is abrogated to the extent it conflicts with this codified law.
Who is affected
- Municipalities
- Government Entities
- Private Citizens
- Property Owners
- Businesses
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