Nusiance Lawsuits
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Nusiance Lawsuits

Date: February 3, 2016
By: Allison Pecorin
State Capitol Bureau
Links: SB 894 

JEFFERSON CITY - Landowners including farmers and concentrated animal production operations would enjoy lawsuit protection under a bill heard by the Senate Committee on Agriculture, Food Production, and Outdoor Resources.

Senator Brian Munzlinger, R-Williamstown, sponsored a bill that exempts those in compliance with state and federal permits from nuisance suits.

"Its a permit protection bill," Munzlinger said. "When you actually spend your money and take your time to get these permits you should be exempt from a nuisance suit."

Sharon Jones of the Missouri Association of Trial Attorneys said the bill could prevent neighbors from bringing damages to their property to court.

"A nuisance claim is a longstanding way for neighbors to resolve disputes about property usage," Jones said. "So one land owner whose use of their property is being impeded by a neighbor can go to the courts and have that dispute mediated by the court system and come to a resolution."

Jones said removing nuisance claims would prevent neighbors from peacefully disputing land use.

The second bill would protect farmers from lawsuits for damages from loose livestock if there was no negligence by the livestock owner.

The bills sponsor, Sen. Mike Parson, R-Bolivar called the bill a "common sense bill" that would protect farmers from the strict liability currently established by Missouri state law.

"We farmers want to be responsible for what we should be if we're not taking care of things," Parson said. "But when we have no control over it we shouldn't be held liable for everything."

Keith Stevens of the Missouri Cattleman's Association testified in favor of the bill.

He said that under the current law he would be held strictly liable if one of his cattle were to get hit due to a hole put in a fence by a negligent driver.

"All we're asking is to pursue those that are responsible for the hole in the fence and prove them as liable in that situation," Stevens said.