{"data":{"id":"us-ky/krs-411.560","jurisdiction":"us-ky","citation":"KRS 411.560","heading":"Damages for private nuisance.","body":"(1) Damages allowable for a private nuisance shall be as follows:\n(a) If the nuisance is a permanent nuisance, compensatory damages shall be\nmeasured by the reduction in the fair market value of the claimant's property\ncaused by the nuisance, but not to exceed  the fair market value of the\nproperty;\n(b) If the nuisance is a temporary nuisance and:\n1. The claimant occupied the property during the continuance of the\nnuisance, compensatory damages shall be measured by the diminution in\nthe value of the use of the property which resulted from the nuisance; or\n2. The claimant did not occupy the property during the continuance of the\nnuisance, compensatory damages shall be measured by the diminution in\nthe fair rental value of the property which resulted from the nuisance.\n(2) A defendant who contributes to a nuisance is responsible for damages as provided\nin this section only to the extent of such defendant's proportionate contribution to\nthe nuisance as provided in the provisions of KRS 411.182.\n(3) No damages shall b e awarded for annoyance, discomfort, sickness, emotional\ndistress, or similar claims for a private nuisance. In the event a claim for injury or\ndamage to a person is asserted in the same proceeding as a claim for damage to the\nclaimant's property caused by a private nuisance, liability for such personal injury or\ndamage shall be determined on the basis of applicable principles of tort law\nindependent of whether the defendant's use of property is found to constitute a\nnuisance.\n(4) A claimant may recover pun itive damages for a private nuisance if the claimant\nrecovers damages pursuant to this section and the defendant's conduct in engaging\nin the specific activity which is alleged to be the nuisance meets or exceeds the\nstandards set forth in KRS 411.184. All  provisions of KRS 411.184 and 411.186\nshall apply to claims for punitive damages.\n(5) No person shall have standing to bring an action for private nuisance unless the\nperson has an ownership interest or possessory interest in the property alleged to be\naffected by the nuisance.","path":["KRS Chapter 411"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=17830","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:35Z","sha256":"9571c1b3688abdfd0034ae8ef06570004c7d7ff915612b144e84c1ac9dba81a6","source_id":"us-ky","stale":false,"prev":"us-ky/krs-411.550","next":"us-ky/krs-411.570"},"notice":"GroundRules: Original legal text. Not legal advice."}