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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) In determining whether a defendant's use of property constitutes a private nuisance, the judge or jury, whichever is the trier of fact, shall consider all relevant facts and circumstances including the following:
(a) The lawful nature of the defendant's use of the property;
(b) The manner in which the defendant has used the property;
(c) The importance of the defendant's use of the property to the community;
(d) The influence of the defendant's use of property to the growth and prosperity of the community;
(e) The kind, volume, and duration of the annoyance or interference with the use and enjoyment of claimant's property caused by the defendant's use of property;
(f) The respective situations of the defendant and claimant; and
(g) The character of the area in which the defendant's property is located, including, but not limited to, all applicable statutes, laws, or regulations.
(2) A defendant's use of property shall be considered as a substantial annoyance or interference with the use and enjoyment of a claimant's property if it would substantially annoy or interfere with the use and enjoyment of property by a person of ordinary health and normal sensitivities.
Cite this article: FindLaw.com - Kentucky Revised Statutes Title XXXVI. Statutory Actions and Limitations § 411.550.Determination of private nuisance - last updated January 01, 2025 | https://codes.findlaw.com/ky/title-xxxvi-statutory-actions-and-limitations/ky-rev-st-sect-411-550/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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