Public nuisance - Next Generation Bar Exam
- What is the effect of a public nuisance on a private landowner whose property is physically damaged by it?
- The landowner may recover, because physical damage is a special injury. The landowner may also sue for private nuisance.
- What is the status of illegal conduct, such as operating a drug house, as a public nuisance?
- It is commonly a public nuisance, because it unreasonably interferes with public health and safety. Many statutes declare such activities public nuisances.
- What is a public nuisance?
- An unreasonable interference with a right common to the general public. Examples include obstructing a public highway and polluting a public waterway.
- Who may bring an action for public nuisance?
- A public official, or a private party who suffers a special injury different in kind from that of the public. A greater degree of the same harm is insufficient in most jurisdictions.
- What is the relationship between public and private nuisance?
- The same conduct may be both a public and a private nuisance. A factory polluting a river may harm the public and nearby landowners.
- What is the status of conduct authorized by statute as a public nuisance?
- Statutory authorization generally bars a public nuisance claim. The legislature determines that the activity is reasonable.
- A factory blocks a public road, causing all commuters a 10-minute delay. A commuter sues for public nuisance. What is the likely result?
- The commuter loses, because the delay is shared by the general public. The harm is not different in kind.
- A factory blocks a public road and the only access to a store, causing the store to lose its business. What is the store owner's status?
- The owner may sue, because the loss of access is a special injury. The harm is different in kind from general public inconvenience.
- What remedies are available for public nuisance?
- Injunction, abatement, and damages for a private plaintiff with special injury. Public officials may also seek criminal penalties where statutes provide.
- What is the special injury rule in public nuisance?
- A private plaintiff must suffer harm different in kind from that suffered by the general public. Physical injury or harm to land is a typical special injury.