KRS 411.560: Damages for private nuisance.

(1) Damages allowable for a private nuisance shall be as follows:

(a) If the nuisance is a permanent nuisance, compensatory damages shall be

measured by the reduction in the fair market value of the claimant's property

caused by the nuisance, but not to exceed the fair market value of the

property;

(b) If the nuisance is a temporary nuisance and:

1. The claimant occupied the property during the continuance of the

nuisance, compensatory damages shall be measured by the diminution in

the value of the use of the property which resulted from the nuisance; or

2. The claimant did not occupy the property during the continuance of the

nuisance, compensatory damages shall be measured by the diminution in

the fair rental value of the property which resulted from the nuisance.

(2) A defendant who contributes to a nuisance is responsible for damages as provided

in this section only to the extent of such defendant's proportionate contribution to

the nuisance as provided in the provisions of KRS 411.182.

(3) No damages shall b e awarded for annoyance, discomfort, sickness, emotional

distress, or similar claims for a private nuisance. In the event a claim for injury or

damage to a person is asserted in the same proceeding as a claim for damage to the

claimant's property caused by a private nuisance, liability for such personal injury or

damage shall be determined on the basis of applicable principles of tort law

independent of whether the defendant's use of property is found to constitute a

nuisance.

(4) A claimant may recover pun itive damages for a private nuisance if the claimant

recovers damages pursuant to this section and the defendant's conduct in engaging

in the specific activity which is alleged to be the nuisance meets or exceeds the

standards set forth in KRS 411.184. All provisions of KRS 411.184 and 411.186

shall apply to claims for punitive damages.

(5) No person shall have standing to bring an action for private nuisance unless the

person has an ownership interest or possessory interest in the property alleged to be

affected by the nuisance.