HOUSE BILL NO. 2777 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE KEATHLEY.
6245H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To amend chapter 537, RSMo, by adding thereto one new section relating to public nuisance claims.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 537, RSMo, is amended by adding thereto one new section, to be 2 known as section 537.1650, to read as follows: 537.1650. 1. This section shall be known and may be cited as the "Public 2 Nuisance Reform Act". 3 2. As used in this section, the following terms mean: 4 (1) "Governmental entity", an officer, agency, or instrumentality of this state or 5 a political subdivision of the state; 6 (2) "Illegal product", a product that is possessed by a party alleged to be 7 creating a public nuisance and the party's possession of such product is specifically 8 prohibited by a federal or state statute including, but not limited to, laws regarding 9 controlled substances. 10 3. Notwithstanding any provision of law, the following nonexclusive list of 11 actions or conditions shall not be considered a public nuisance or otherwise form the 12 basis for a public nuisance cause of action under the laws of this state: 13 (1) The design, manufacturing, distributing, selling, labeling, or marketing of a 14 product sold in commerce except an illegal product; 15 (2) An action or condition that is authorized, approved, licensed, or mandated by 16 statute, ordinance, regulation, permit, license, order, rule, or other similar measure
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 2777 2
17 issued, adopted, promulgated, or approved by a governmental entity or the federal 18 government; 19 (3) The aggregation of individual injuries or private rights, including private 20 nuisances; or 21 (4) Any other claim, action, or condition determined by common law not to 22 constitute or give rise to a cause of action for public nuisance. 23 4. (1) In addition to all other requirements, the plaintiff in a public nuisance 24 claim shall plead with particularity and prove by a preponderance of the evidence that 25 each named defendant's actions were both a but-for and proximate cause of the alleged 26 public nuisance. 27 (2) For purposes of the requirements under subdivision (1) of this subsection, a 28 but-for cause means that but for the defendant's actions: 29 (a) The alleged public nuisance would not exist in the plaintiff's jurisdiction; or 30 (b) The plaintiff's expenditures to abate or address the nuisance would decrease 31 by more than twenty-five percent. 32 (3) For purposes of the requirements under subdivision (1) of this subsection, a 33 defendant is a proximate cause of a public nuisance only if: 34 (a) The defendant engaged in the activity that directly caused the public 35 nuisance and the public nuisance was a reasonably foreseeable result of defendant's 36 conduct; or 37 (b) The defendant controlled or instructed one or more third persons to engage 38 in the activity or activities that directly caused the public nuisance and the resulting 39 public nuisance was a reasonably foreseeable result of that third-party activity. 40 5. (1) A public nuisance cause of action may be brought by, on the relation of, or 41 in the name of a political subdivision of this state, or any body or officer thereof, only if 42 the alleged public nuisance is wholly contained within the jurisdiction of that political 43 subdivision. 44 (2) In all circumstances other than provided under subdivision (1) of this 45 subsection, no government agency or officer other than the attorney general may bring 46 a public nuisance claim under the laws of this state. Prior to asserting any claim for 47 public nuisance, the attorney general shall confer with and receive the approval of the 48 governor. Such approval shall be in writing. 49 (3) A public nuisance cause of action by a political subdivision or the attorney 50 general shall be brought only by a verified complaint, counterclaim, or third-party 51 complaint that pleads each element with particularity as required by applicable rules of 52 civil procedure. HB 2777 3
53 (4) In a public nuisance action brought under this subsection, a court shall not 54 award either of the following: 55 (a) Damages of any kind, including economic, noneconomic, and exemplary 56 damages; or 57 (b) The costs of abating a potential future public nuisance. 58 6. (1) A public nuisance claim may be brought by a private person only if that 59 person has sustained a special injury proximately caused by the defendant's conduct 60 and only if the person proves, by clear and convincing evidence, the existence of the 61 special injury caused by the defendant. A public nuisance claim by a private person 62 shall be brought by a verified complaint, counterclaim, or third-party claim that pleads 63 each element with particularity as required by applicable rules of civil procedure. 64 (2) A special injury under this subsection is an injury that is different in kind, 65 not just in degree, from an injury sustained by the general public exercising the same 66 public right. A special injury shall not be based upon impairment of the spiritual, 67 cultural, or emotional significance associated with a navigable lake, river, bay, stream, 68 canal, or basin or a public park, square, street, road, or highway. 69 (3) Financial expenditures made by a private person related to an injunction of, 70 or any other response to, a public nuisance does not constitute a special injury sufficient 71 to confer standing on the person to file or maintain a public nuisance action. 72 (4) The remedy available to a private person in a public nuisance action is 73 limited solely to compensatory damages for the special injury that are not otherwise 74 reimbursed by a governmental entity or the federal government. 75 (5) The abatement of a public nuisance by the defendant does not preclude the 76 right of a person to recover compensatory damages under this subsection. 77 (6) A private person shall not bring a class action for a public nuisance. 78 7. (1) No claim for public nuisance shall be brought against a defendant more 79 than three years after the plaintiff knew or should have known of the conduct of the 80 defendant that caused the public nuisance. 81 (2) No claim for public nuisance shall recover any damages or other monetary 82 relief for a defendant's conduct occurring more than ten years before the date on which 83 the complaint was filed. 84 8. It is the intent of the general assembly that this section abrogates the common 85 law of public nuisance in this state to the extent the common law is inconsistent with this 86 section. HB 2777 4
87 9. The provisions of this section shall apply to public nuisance claims brought on 88 or after August 28, 2026. Nothing in this section extends or reopens the statute of 89 limitations for any claim arising before August 28, 2026. ✔
Statutes affected: