This bill addresses public nuisance laws in Kansas by establishing specific criteria and limitations for bringing civil actions related to public nuisances. It prohibits certain actions or conditions from being classified as public nuisances, including the design and sale of legal products, actions authorized by law, and the aggregation of individual injuries. The bill stipulates that only the attorney general can file claims for public nuisances that are not wholly contained within a single political subdivision, and it requires that plaintiffs prove special injury in private nuisance claims. Additionally, the bill outlines the burden of proof for plaintiffs and specifies that courts cannot award monetary damages or costs for abatement in public nuisance actions initiated by political subdivisions or the attorney general.

Furthermore, the bill amends K.S.A. 60-513 to establish a statute of limitations for public nuisance claims, stating that such claims will accrue when the plaintiff first discovers the condition and the identity of the defendant. It also repeals the existing section of K.S.A. 60-513, thereby updating the legal framework surrounding public nuisance claims in Kansas. The provisions of this act will apply to all claims pending or filed after July 1, 2026, ensuring a clear and consistent approach to public nuisance litigation in the state.

Statutes affected:
As introduced: 60-513