Nuisance Lawsuits

A nuisance is a use of property that causes injury to others.

• A private nuisance is an unreasonable interference with the use and enjoyment of property of another, usually an adjoining landowner.
• A public nuisance is one that may cause a broader, more general harm to the public. A classic example of a nuisance is conducting any ultra-hazardous activity such as the use of explosives or the handling of acutely toxic materials.

Stopping a Nuisance

A nuisance may be stopped, or "abated," by a legal action usually brought by a private property owner against an adjacent property owner. An action to abate a public nuisance may also be brought by government unless the nuisance interferes with a common right of the public. Nuisance actions may be brought under federal or state law.

Environmental Laws vs. Nuisance Actions

Prior to the enactment of environmental laws, nuisance actions were often used to control or limit environmental hazards. With the enactment of environmental laws specifically regulating activities that constitute a nuisance, questions have arisen as to whether the environmental laws preclude nuisance actions objecting to a use which is covered by those laws.

Generally, nuisance actions are considered a supplement to regulation and litigation under the environmental laws. Although, in some situations, nuisance actions will be precluded. If Congress intended the environmental statute to be the exclusive remedy for a particular offensive use or condition, a federal or state common law nuisance action may be precluded.

Determining Unreasonable Use of Property

In a nuisance action, determining whether a particular activity constitutes a nuisance usually revolves around the question of whether the defendant's use of the property is "unreasonable" under the circumstances. In a private nuisance action, determining what is an "unreasonable" use of a particular property usually involves, either explicitly or implicitly, consideration of the character of the surrounding area and whether the particular use preexisted the presence of the complaining party.

For example, the maintenance of manure piles on a farm may be considered reasonable, especially if the farm and the manure piles existed long before an adjacent residential area from which complaints have arisen.

Agricultural Uses of Property

Agricultural uses in particular have given rise to nuisance abatement actions as urban and suburban uses have increasingly encroached on agricultural areas. In response to these actions, almost every state has enacted some form of protection for agricultural uses against complaints of nuisance. Under these enactments, existing agricultural uses are usually protected if they comply with applicable federal and state laws, and if they use generally accepted agricultural and management practices.

Environmental Message Board for more help