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KRS 411.550

Determination of private nuisance

Applied in 3 court decisions — leading case Rockwell International Corp. v. Wilhite (2003)

Most recently applied in Herndon v. Wilson (May 2017)

Effective: May 24, 1991 History: Created 1991 (1st Extra

How often courts cite this section

20032010201710
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) In determining whether a defendant's use of property constitutes a private nuisance, the judge or jury, whichever is the trier of fact, shall consider all relevant facts and circumstances including the following:

(a) The lawful nature of the defendant's use of the property;

(b) The manner in which the defendant has used the property;

(c) The importance of the defendant's use of the property to the community;

(d) The influence of the defendant's use of property to the growth and prosperity of the community;

(e) The kind, volume, and duration of the annoyance or interference with the use and enjoyment of claimant's property caused by the defendant's use of property;

(f) The respective situations of the defendant and claimant; and (g) The character of the area in which the defendant's property is located, including, but not limited to, all applicable statutes, laws, or regulations.

(2) A defendant's use of property shall be considered as a substantial annoyance or interference with the use and enjoyment of a claimant's property if it would substantially annoy or interfere with the use and enjoyment of property by a person of ordinary health and normal sensitivities.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.