Kentucky Statutes 411.530 – Permanent nuisance
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(1) A permanent nuisance shall be any private nuisance that:
(a) Cannot be corrected or abated at reasonable expense to the owner; and
(b) Is relatively enduring and not likely to be abated voluntarily or by court order. (2) A permanent nuisance shall exist if and only if a defendant‘s use of property causes
unreasonable and substantial annoyance to the occupants of the claimant’s property
or unreasonably interferes with the use and enjoyment of such property, and thereby causes the fair market value of the claimant’s property to be materially reduced.
Effective: May 24, 1991
History: Created 1991 (1st Extra. Sess.) Ky. Acts ch. 11, sec. 4, effective May 24,
1991.
(a) Cannot be corrected or abated at reasonable expense to the owner; and
Terms Used In Kentucky Statutes 411.530
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
(b) Is relatively enduring and not likely to be abated voluntarily or by court order. (2) A permanent nuisance shall exist if and only if a defendant‘s use of property causes
unreasonable and substantial annoyance to the occupants of the claimant’s property
or unreasonably interferes with the use and enjoyment of such property, and thereby causes the fair market value of the claimant’s property to be materially reduced.
Effective: May 24, 1991
History: Created 1991 (1st Extra. Sess.) Ky. Acts ch. 11, sec. 4, effective May 24,
1991.