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MO HB1003

Bill

Status

Introduced

3/31/2011

Primary Sponsor

Kent Hampton

Click for details

Origin

House of Representatives

2011 Regular Session

AI Summary

  • Limits damages in private nuisance cases involving farming, agriculture, crop, or animal production to either: reduction in fair market value (for permanent nuisances) or diminution in fair rental value (for temporary nuisances)

  • Classifies successive claims for temporary nuisance related to similar activities as permanent nuisances, restricting claimants and successors to permanent nuisance remedies

  • Requires claimants to have ownership interest in the affected property to bring a private nuisance action, eliminating standing for mere occupants

  • Preserves the right to recover damages for annoyance, discomfort, sickness, or emotional distress through causes of action independent of nuisance claims

  • Allows recovery for crop destruction, crop damage, or crop value diminution from seed or grain contamination regardless of nuisance classifications

  • Mandates court or jury property visits when any party requests and the amount in controversy exceeds one million dollars in private nuisance actions

Legislative Description

Revises the laws regarding private nuisances when it originates from property used for farming, agriculture, crop, or animal production purposes and when a court must visit an alleged affected property

Last Action

HCS Voted Do Pass (H)

4/12/2011

Committee Referrals

Emerging Issues In Animal Agriculture4/7/2011

Full Bill Text

No bill text available