411.550 Determination of private nuisance.

192 words·~1 min read·/ky/chapter-411/411-550

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.