Bill > HB2777

This bill, titled the "Public Nuisance Reform Act," establishes new rules for public nuisance lawsuits in Missouri. It defines "governmental entity" as a state or local government body and "illegal product" as something possessed that is specifically prohibited by federal or state law, such as controlled substances. The bill clarifies that certain actions or conditions, including the sale of non-illegal products, activities authorized by government entities, the aggregation of individual injuries, and conditions not previously considered public nuisances at common law, will no longer be grounds for a public nuisance lawsuit. For any public nuisance claim, the plaintiff must prove with specific detail that the defendant's actions were both a "but-for cause" (meaning the nuisance wouldn't exist without the defendant's actions or the plaintiff's costs to address it would decrease significantly) and a "proximate cause" (meaning the nuisance was a direct and foreseeable result of the defendant's actions or instructions to others). Public nuisance claims by political subdivisions are limited to nuisances entirely within their jurisdiction, and generally, only the Attorney General, with the Governor's written approval, can bring such claims in other circumstances, with no damages or costs for abating future nuisances being awarded. Private individuals can only sue if they have suffered a "special injury," which is an injury different in kind, not just degree, from that of the general public, and not based on emotional or cultural significance to public spaces; financial expenditures alone do not qualify as a special injury, and remedies are limited to compensatory damages for the special injury not otherwise reimbursed. The bill also imposes a three-year statute of limitations from when the plaintiff knew or should have known of the conduct, and limits recovery for conduct occurring more than ten years before the complaint was filed, with these provisions applying to claims filed on or after August 28, 2026.

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https://house.mo.gov/Bill.aspx?bill=HB2777&year=2026&code=R