411.560 Damages for private nuisance.
(1)
(2)
(3)
(4)
(5)
Damages allowable for a private nuisance shall be as follows:
(a) If the nuisance is a permanent nuisance, compensatory damages shall be
measured by the reduction in the fair market value of the claimant's property
caused by the nuisance, but not to exceed the fair market value of the
property;
(b) If the nuisance is a temporary nuisance and:
1.
The claimant occupied the property during the continuance of the
nuisance, compensatory damages shall be measured by the diminution in
the value of the use of the property which resulted from the nuisance; or
2.
The claimant did not occupy the property during the continuance of the
nuisance, compensatory damages shall be measured by the diminution in
the fair rental value of the property which resulted from the nuisance.
A defendant who contributes to a nuisance is responsible for damages as provided
in this section only to the extent of such defendant's proportionate contribution to
the nuisance as provided in the provisions of KRS 411.182.
No damages shall be awarded for annoyance, discomfort, sickness, emotional
distress, or similar claims for a private nuisance. In the event a claim for injury or
damage to a person is asserted in the same proceeding as a claim for damage to the
claimant's property caused by a private nuisance, liability for such personal injury or
damage shall be determined on the basis of applicable principles of tort law
independent of whether the defendant's use of property is found to constitute a
nuisance.
A claimant may recover punitive damages for a private nuisance if the claimant
recovers damages pursuant to this section and the defendant's conduct in engaging
in the specific activity which is alleged to be the nuisance meets or exceeds the
standards set forth in KRS 411.184. All provisions of KRS 411.184 and 411.186
shall apply to claims for punitive damages.
No person shall have standing to bring an action for private nuisance unless the
person has an ownership interest or possessory interest in the property alleged to be
affected by the nuisance.
Effective: May 24, 1991
History: Created 1991 (1st Extra. Sess.) Ky. Acts ch. 11, sec. 7, effective May 24,
1991.
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