This bill amends the Code of West Virginia to refine the definition and enforcement of public nuisance laws. It introduces a new section, 55-7-33, which provides definitions for key terms such as "government entity," "public nuisance," "public right," and "unlawful interference." The bill clarifies that the common law of public nuisance is abrogated to the extent that it conflicts with the new provisions. Additionally, it amends section 8-12-5 to empower municipalities to eliminate hazards to public health and safety and to enjoin public nuisances, aligning their authority with the newly established guidelines.

The legislation also specifies the standing for government entities and private citizens in public nuisance cases. Government entities are limited to seeking injunctive relief and necessary resources for abatement, while private citizens must show a "special injury" to have standing, prohibiting class actions for such injuries. The bill limits remedies for private individuals to compensatory damages and establishes an affirmative defense for defendants who do not control the source of the alleged nuisance. Importantly, the new provisions will only apply to causes of action that accrue after the bill's effective date.

Statutes affected:
Introduced Version: 8-12-5, 55-7-33