Missouri Senate

Senate Committee Substitute

This act adds Buchanan County, Andrew County, and Livingston County to the list of counties that may enact nuisance abatement ordinances regarding the condition of real property.

Under the current law, no person or corporation may maintain a junkyard within 200 feet of a state or county road unless the junkyard is screened by a fence. A failure to screen such a junkyard from the motoring public is a misdemeanor. This section changes the penalties for junkyard screening violation by making the first violation a Class C misdemeanor and a 2nd or subsequent violation a Class A misdemeanor. In addition to the penalties, the violators shall be ordered to remove the junk or build a fence to screen the junk from the public.

This act specifies what types of damages may be awarded in a action for private nuisance where the alleged nuisance emanates from property used for farming, agriculture, crop, or animal production purposes. If the nuisance is a permanent nuisance, compensatory damages shall be measured by the reduction in the fair market value of the property. If the nuisance is a temporary nuisance, damages are measured by the decrease in the fair rental value of the property.

If a person or their successor brings successive claims against another person or their successor for temporary nuisance, and the successive claims are related to a similar activity or use of the property, and that activity or use of property is deemed a nuisance, the activity or use of property shall be considered a permanent nuisance and the person and their successor shall be limited to the remedies available for permanent nuisance.

No person has standing to bring an action for private nuisance unless they have an ownership interest in the property alleged to be affected by the nuisance.

Currently, in a private nuisance case if the amount in controversy exceeds one million dollars, if requested by either party, the court or jury shall visit the property alleged to be affected by the nuisance. This act requires the court or jury to visit the property if a party requests it, regardless of the amount of money in controversy in the case.

A copy of the final judgment in any action alleging a private nuisance shall be filed with the recorder of deeds in the county in which the final judgment was issued and shall operate as notice to a purchaser of the property that the property was related to a previous claim.

The act does not prohibit the recovery of damages for crop destruction, crop damage, or a diminution of crop value resulting from contamination of the seed or grain supply.

This act is similar to the perfected version of SB 187(2011), SB 25 (2011), and HB 1303 (2010).

EMILY KALMER