(1) Damages allowable for a private nuisance shall be as follows:
(a) If the nuisance is a permanent nuisance, compensatory damages shall be
measured by the reduction in the fair market value of the claimant's property
caused by the nuisance, but not to exceed the fair market value of the
property;
(b) If the nuisance is a temporary nuisance and:
1. The claimant occupied the property during the continuance of the
nuisance, compensatory damages shall be measured by the diminution in
the value of the use of the property which resulted from the nuisance; or
2. The claimant did not occupy the property during the continuance of the
nuisance, compensatory damages shall be measured by the diminution in
the fair rental value of the property which resulted from the nuisance.
(2) A defendant who contributes to a nuisance is responsible for damages as provided
in this section only to the extent of such defendant's proportionate contribution to
the nuisance as provided in the provisions of KRS 411.182.
(3) No damages shall be awarded for annoyance, discomfort, sickness, emotional
distress, or similar claims for a private nuisance. In the event a claim for injury or
damage to a person is asserted in the same proceeding as a claim for damage to the
claimant's property caused by a private nuisance, liability for such personal injury or
damage shall be determined on the basis of applicable principles of tort law
independent of whether the defendant's use of property is found to constitute a
nuisance.
(4) A claimant may recover punitive damages for a private nuisance if the claimant
recovers damages pursuant to this section and the defendant's conduct in engaging
in the specific activity which is alleged to be the nuisance meets or exceeds the
standards set forth in KRS 411.184. All provisions of KRS 411.184 and 411.186
shall apply to claims for punitive damages.
(5) No person shall have standing to bring an action for private nuisance unless the
person has an ownership interest or possessory interest in the property alleged to be
affected by the nuisance.
Effective: May 24, 1991
History: Created 1991 (1st Extra. Sess.) Ky. Acts ch. 11, sec. 7, effective May 24,
1991.
Notes of Decisions
Cited in 9
cases (2 in the last 5 years), 2004–2025 · leading case: Barnette v. Grizzly Processing, LLC, 809 F. Supp. 2d 636 (E.D. Ky. 2011).
Barnette v. Grizzly Processing, LLC, 809 F. Supp. 2d 636 (E.D. Ky. 2011). · cites it 7דBut there is a catch: § 411.560 describes who has standing to bring a nuisance claim.”
Dickens v. Oxy Vinyls, LP, 631 F. Supp. 2d 859 (W.D. Ky. 2009). · cites it 4דKRS § 411.560. Plaintiffs’ claims for nuisance are plagued with issues surrounding proof of causation and damages.”
Bell v. DuPont Dow Elastomers, LLC, 640 F. Supp. 2d 890 (W.D. Ky. 2009). · cites it 2ד” KRS § 411.560(3). At this point, Plaintiffs have not tendered any reliable evidence of lost property value related to a nuisance.”
Smith v. Carbide & Chemicals Corp., 298 F. Supp. 2d 561 (W.D. Ky. 2004). · cites it 2דSee also KRS § 411.560(3) (A plaintiff in a nuisance action may recover a loss in property value caused by the nuisance, but “[n]o damages shall be awarded for annoyance, discomfort, sickness, emotional distress or similar claims.”
Powell v. Tosh, 929 F. Supp. 2d 691 (W.D. Ky. 2013). · cites it 2ד1958) (internal quotation marks omitted)); but see Ky.Rev.Stat. § 411.560(3) (“No damages shall be awarded for annoyance, discomfort, sickness, emotional distress, or similar claims for a private nuisance”).”
Steve Hubbard v. Prestress Servs. Indus., LLC (Ky. Ct. App. 2020). · cites it 4ד]” KRS 411.560(1)(a). For temporary nuisance claims regarding the claimant’s owner-occupied property, “compensatory damages shall be measured by the diminution in the value of the use of the property which resulted from the nuisance.”
Dan Gibson v. Ron Jones Individually (Ky. Ct. App. 2021). “The claimant did not occupy the property during the continuance of the nuisance, compensatory damages shall be measured by the diminution in the fair rental value of the property which resulted from the nuisance.”
Herndon v. Wilson, 524 S.W.3d 490 (Ky. Ct. App. 2017). “Additionally, the allegations that the Wilsons have impeded the Hern-dons’ quiet and peaceful use and enjoyment of their property is an element of a private nuisance claim as set forth in KRS 411.”
Webb v. CSX Transp., Inc. (E.D. Ky. 2025). “§ 411.560. Plaintiffs allege they suffered private nuisance due to the SO2 smoke in the air and the “significant levels” of sulfates in Plaintiffs’ soil and water.”
— Ky. Rev. Stat. § 411.560(1)(a) — 1 case
Steve Hubbard v. Prestress Servs. Indus., LLC (Ky. Ct. App. 2020). “]” KRS 411.560(1)(a). For temporary nuisance claims regarding the claimant’s owner-occupied property, “compensatory damages shall be measured by the diminution in the value of the use of the property which resulted from the nuisance.”
— Ky. Rev. Stat. § 411.560(1)(b) — 1 case
Steve Hubbard v. Prestress Servs. Indus., LLC (Ky. Ct. App. 2020). “]” KRS 411.560(1)(a). For temporary nuisance claims regarding the claimant’s owner-occupied property, “compensatory damages shall be measured by the diminution in the value of the use of the property which resulted from the nuisance.”
— Ky. Rev. Stat. § 411.560(1)(b)(1) — 1 case
Barnette v. Grizzly Processing, LLC, 809 F. Supp. 2d 636 (E.D. Ky. 2011). “But there is a catch: § 411.560 describes who has standing to bring a nuisance claim.”
— Ky. Rev. Stat. § 411.560(1)(b)(2) — 1 case
Barnette v. Grizzly Processing, LLC, 809 F. Supp. 2d 636 (E.D. Ky. 2011). “But there is a catch: § 411.560 describes who has standing to bring a nuisance claim.”
— Ky. Rev. Stat. § 411.560(3) — 4 cases
Bell v. DuPont Dow Elastomers, LLC, 640 F. Supp. 2d 890 (W.D. Ky. 2009). “” KRS § 411.560(3). At this point, Plaintiffs have not tendered any reliable evidence of lost property value related to a nuisance.”
Smith v. Carbide & Chemicals Corp., 298 F. Supp. 2d 561 (W.D. Ky. 2004). “See also KRS § 411.560(3) (A plaintiff in a nuisance action may recover a loss in property value caused by the nuisance, but “[n]o damages shall be awarded for annoyance, discomfort, sickness, emotional distress or similar claims.”
Powell v. Tosh, 929 F. Supp. 2d 691 (W.D. Ky. 2013). “1958) (internal quotation marks omitted)); but see Ky.Rev.Stat. § 411.560(3) (“No damages shall be awarded for annoyance, discomfort, sickness, emotional distress, or similar claims for a private nuisance”).”
Steve Hubbard v. Prestress Servs. Indus., LLC (Ky. Ct. App. 2020). “]” KRS 411.560(1)(a). For temporary nuisance claims regarding the claimant’s owner-occupied property, “compensatory damages shall be measured by the diminution in the value of the use of the property which resulted from the nuisance.”
— Ky. Rev. Stat. § 411.560(5) — 1 case
Barnette v. Grizzly Processing, LLC, 809 F. Supp. 2d 636 (E.D. Ky. 2011). “But there is a catch: § 411.560 describes who has standing to bring a nuisance claim.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.