Bill > HB791

This bill generally revises Montana's nuisance laws by redefining and clarifying the legal concepts of public and private nuisances. The bill establishes that a public nuisance is a condition that unlawfully interferes with public rights by endangering community safety, being indecent or offensive to the community, or obstructing free passage of public spaces. The legislation provides important limitations on what can be considered a public nuisance, explicitly excluding lawful actions, authorized activities, certain noise from shooting ranges, and product design or marketing. For public nuisance actions, only government entities within the appropriate jurisdiction can file suit, and their remedies are limited to injunctive relief and specific abatement resources. Private individuals can only bring a public nuisance action if they can prove a "special injury" that is distinctly different from harm experienced by the general public. The bill also defines private nuisances as conditions arising from property use that are injurious to health or safety or obstruct comfortable property enjoyment, with similar limitations on what can constitute a private nuisance. Additionally, the legislation establishes liability standards for both public and private nuisances, specifying that a person can be subject to a nuisance action only if they proximately caused the nuisance. The bill will apply to causes of action accruing on or after October 1, 2025, and includes a specific exemption for certain opioid-related actions by the Montana Department of Justice.

Justice

https://bills.legmt.gov/#/laws/bill/2/LC2255