House Bill No. introduced by A. Nicastro aims to revise nuisance laws in Montana by updating the definitions and liabilities associated with public and private nuisances. The bill redefines "public nuisance" to include conditions that unlawfully interfere with public rights, such as communal safety and free passage, while also establishing a nonexclusive list of factors that cannot be considered a public nuisance. It introduces provisions for government entities to take action against public nuisances, including the ability to seek injunctive relief and monetary resources for abatement. Additionally, the bill allows private individuals to bring a cause of action for public nuisance if they can demonstrate a special injury distinct from the general public.

The legislation also addresses private nuisances, outlining the conditions under which a private nuisance can be claimed and the liabilities of property owners. It specifies that agricultural operations are not considered nuisances due to changes in surrounding residential or commercial conditions if they have been in operation longer than the complaining party. The bill repeals several existing sections of the Montana Code Annotated related to nuisances and establishes new sections that clarify the rights and remedies available to both government entities and private individuals. The act is set to apply to causes of action accruing on or after October 1, 2025, while preserving the applicability of prior laws for actions that accrued before that date.

Statutes affected:
LC Text: 27-30-101, 27-30-204
HB0791_1(1): 27-30-101, 27-30-204
HB0791_1(2): 27-30-101, 27-30-204
HB0791_1(3): 27-30-101, 27-30-204
HB0791_1: 27-30-101, 27-30-204