Montana Title 27. Civil Liability, Remedies, and Limitations § 27-30-207. Private cause of action for public nuisance

(1) A public nuisance cause of action is available to a private person only if that person has sustained a special injury proximately caused by the public nuisance and only if the person can show the existence of the special injury by clear and convincing evidence.

(2) A special injury is an injury that is different in kind, not just in degree, from an injury sustained by the general public exercising the same public right.  A special injury is not one based upon impairment of the spiritual, cultural, or emotional significance associated with a navigable lake, river, bay, stream, canal, or basin or a public park, square, street, road, or highway.

(3) Financial expenditures made by a private person related to an injunction of, or any other response to, a public nuisance does not constitute a special injury sufficient to confer standing on the person to file or maintain a public nuisance action.

(4) The remedy available to a private person in a public nuisance action is limited solely to compensatory damages for the special injury.

(5) The abatement of a public nuisance pursuant to 27-30-204 does not preclude the right of a person to recover compensatory damages under this section.

(6) Private persons may not bring a class action for special injuries arising out of a public nuisance.