Establishes the "Public Nuisance Reform Act"

SECOND REGULAR SESSION
HOUSE BILL NO. 2777
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE KEA THLEY .
6245H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 537, RSMo, by adding thereto one new section relating to public nuisance
claims.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 537, RSMo, is amended by adding thereto one new section, to be
2 known as section 537.1650, to read as follows:
537.1650. 1. This section shall be known and may be cited as the "Public
2 Nuisance Reform Act".
3 2. As used in this section, the following terms mean:
4 (1) "Governmental entity", an officer , agency , or instrumentality of this state or
5 a political subdivision of the state;
6 (2) "Illegal prod uct", a pr oduct that is possessed by a party alleged to be
7 cr eating a public nuisance and the party's possession of such pr oduct is specifically
8 pr ohibited by a federal or state statute including, but not limited to, laws r egarding
9 contr olled substances.
10 3. Notwithstanding any pr ovision of law , the following nonexclusive list of
11 actions or conditions shall not be consider ed a public nuisance or otherwise form the
12 basis for a public nuisance cause of action under the laws of this state:
13 (1) The design, manufacturing, distributing, selling, labeling, or marketing of a
14 pr oduct sold in commer ce except an illegal pr oduct;
15 (2) An action or condition that is authorized, appr oved, licensed, or mandated by
16 statute, ordinance, regu lation, permit, license, order , rule, or other similar measur e
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 issued, adopted, pr omulgated, or appr oved by a governmental entity or the federal
18 government;
19 (3) The aggreg ation of individual injuries or private rights, including private
20 nuisances; or
21 (4) Any other claim, action, or condition determined by common law not to
22 constitute or give rise to a cause of action for public nuisance.
23 4. (1) In addition to all other r equir ements, the plaintiff in a public nuisance
24 claim shall plead with particularity and pro ve by a pr eponderance of the evidence that
25 each named defendant's actions wer e both a but-for and pr oximate cause of the alleged
26 public nuisance.
27 (2) For purposes of the req uirements under subdivision (1) of this subsection, a
28 but-for cause means that but for the defendant's actions:
29 (a) The alleged public nuisance would not exist in the plaintiff's jurisdiction; or
30 (b) The plaintiff's expenditur es to abate or addr ess the nuisance would decr ease
31 by mor e than twenty-five per cent.
32 (3) For purposes of the req uirements under subdivision (1) of this subsection, a
33 defendant is a pr oximate cause of a public nuisance only if:
34 (a) The defendant engaged in the activity that dir ectly caused the public
35 nuisance and the public nuisance was a reas onably for eseeable res ult of defendant's
36 conduct; or
37 (b) The defendant contro lled or instructed one or mor e third persons to engage
38 in the activity or activities that direc tly caused the public nuisance and the r esulting
39 public nuisance was a reas onably for eseeable r esult of that third-party activity .
40 5. (1) A public nuisance cause of action may be br ought by , on the r elation of, or
41 in the name of a political subdivision of this state, or any body or officer ther eof, only if
42 the alleged public nuisance is wholly contained within the jurisdiction of that political
43 subdivision.
44 (2) In all circu mstances other than pro vided under subdivision (1) of this
45 subsection, no government agency or officer other than the attorney general may bring
46 a public nuisance claim under the laws of this state. Prior to asserting any claim for
47 public nuisance, the attorney general shall confer with and receiv e the appr oval of the
48 governor . Such appr oval shall be in writing.
49 (3) A public nuisance cause of action by a political subdivision or the attorney
50 general shall be br ought only by a verified complaint, counter claim, or third-party
51 complaint that pleads each element with particularity as req uire d by applicable rules of
52 civil proc edure.
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53 (4) In a public nuisance action broug ht under this subsection, a court shall not
54 award either of the following:
55 (a) Damages of any kind, including economic, noneconomic, and exemplary
56 damages; or
57 (b) The costs of abating a potential future public nuisance.
58 6. (1) A public nuisance claim may be br ought by a private person only if that
59 person has sustained a special injury pr oximately caused by the defendant's conduct
60 and only if the person pr oves, by clear and convincing evidence, the existence of the
61 special injury caused by the defendant. A public nuisance claim by a private person
62 shall be bro ught by a verified complaint, counter claim, or third-party claim that pleads
63 each element with particularity as req uired by applicable rules of civil pr ocedur e.
64 (2) A special injury under this subsection is an injury that is differ ent in kind,
65 not just in degr ee, fro m an injury sustained by the general public exer cising the same
66 public right. A special injury shall not be based upon impairment of the spiritual,
67 cultural, or emotional significance associated with a navigable lake, river , bay , stream,
68 canal, or basin or a public park, squar e, str eet, road , or highway .
69 (3) Financial expenditure s made by a private person re lated to an injunction of,
70 or any other r esponse to, a public nuisance does not constitute a special injury sufficient
71 to confer standing on the person to file or maintain a public nuisance action.
72 (4) The rem edy available to a private person in a public nuisance action is
73 limited solely to compensatory damages for the special injury that are not otherwise
74 r eimbursed by a governmental entity or the federal government.
75 (5) The abatement of a public nuisance by the defendant does not pr eclude the
76 right of a person to reco ver compensatory damages under this subsection.
77 (6) A private person shall not bring a class action for a public nuisance.
78 7. (1) No claim for public nuisance shall be brou ght against a defendant mor e
79 than thr ee years after the plaintiff knew or should have known of the conduct of the
80 defendant that caused the public nuisance.
81 (2) No claim for public nuisance shall rec over any damages or other monetary
82 r elief for a defendant's conduct occurring mor e than ten years before the date on which
83 the complaint was filed.
84 8. It is the intent of the general assembly that this section abro gates the common
85 law of public nuisance in this state to the extent the common law is inconsistent with this
86 section.
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87 9. The pr ovisions of this section shall apply to public nuisance claims br ought on
88 or after August 28, 2026. Nothing in this section extends or r eopens the statute of
89 limitations for any claim arising before August 28, 2026.
✔
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