{"data":{"id":"us-ky/krs-411.550","jurisdiction":"us-ky","citation":"KRS 411.550","heading":"Determination of private nuisance.","body":"(1) In determining whether a defendant's use of property constitutes a private nuisance,\nthe judge or jury, whichever is the trier of fact, shall consider all relevant facts and\ncircumstances including the following:\n(a) The lawful nature of the defendant's use of the property;\n(b) The manner in which the defendant has used the property;\n(c) The importance of the defendant's use of the property to the community;\n(d) The influence of the defendant's use of property to the growth and prosperity\nof the community;\n(e) The kind, volume, and duration of the annoyance or interference with the use\nand enjoyment of claimant's property caused by the defendant's use of\nproperty;\n(f) The respective situations of the defendant and claimant; and\n(g) The character of the area in which the defendant's property is located,\nincluding, but not limited to, all applicable statutes, laws, or regulations.\n(2) A defendant's use of property shall be considered as a substantial annoyance or\ninterference with the use and enjoyment of a cla imant's property if it would\nsubstantially annoy or interfere with the use and enjoyment of property by a person\nof ordinary health and normal sensitivities.","path":["KRS Chapter 411"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=17829","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:35Z","sha256":"f324eb8947dd2bb4ef0c0c629281b0d08d8d12b97e6f852ccc5d6a6a828186dc","source_id":"us-ky","stale":false,"prev":"us-ky/krs-411.540","next":"us-ky/krs-411.560"},"notice":"GroundRules: Original legal text. Not legal advice."}