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MO SB324

Bill

Status

Introduced

1/27/2015

Primary Sponsor

Brian Munzlinger

Click for details

Origin

Senate

2015 Regular Session

AI Summary

  • Amends Missouri law governing private nuisance claims against agricultural operations (crop or animal production properties) by limiting compensatory damages to reduction in fair market value for permanent nuisances or diminution in fair rental value for temporary nuisances

  • Restricts standing to bring private nuisance claims against agricultural operations to persons with an ownership interest in the affected property, excluding those with only possessory interest or mere occupancy

  • Establishes that if a defendant demonstrates a good faith effort to abate a nuisance condition, the nuisance shall be deemed "not capable of abatement," with substantial compliance with court orders constituting good faith as a matter of law

  • Requires mandatory property visits by the court or jury when any party requests it in private nuisance cases exceeding $1 million in controversy

  • Requires final judgments in private nuisance actions to be filed with the county recorder of deeds, serving as notice to future property purchasers of the previous nuisance claim

Legislative Description

Modifies the definition of property as it is used in provisions of law regarding certain private nuisance actions

Last Action

Voted Do Pass S Agriculture, Food Production and Outdoor Resources Committee

4/1/2015

Committee Referrals

Agriculture, Food Production And Outdoor Resources2/12/2015

Full Bill Text

No bill text available