{"data":{"id":"us-mt/27-30-207","jurisdiction":"us-mt","citation":"27-30-207","heading":"Private cause of action for public nuisance.","body":"(1) A public nuisance cause of action is available to a private person only if that person has sustained a special injury proximately caused by the public nuisance and only if the person can show the existence of the special injury by clear and convincing evidence.\n(2) A special injury is an injury that is different in kind, not just in degree, from an injury sustained by the general public exercising the same public right. A special injury is not one based upon impairment of the spiritual, cultural, or emotional significance associated with a navigable lake, river, bay, stream, canal, or basin or a public park, square, street, road, or highway.\n(3) Financial expenditures made by a private person related to an injunction of, or any other response to, a public nuisance does not constitute a special injury sufficient to confer standing on the person to file or maintain a public nuisance action.\n(4) The remedy available to a private person in a public nuisance action is limited solely to compensatory damages for the special injury.\n(5) The abatement of a public nuisance pursuant to 27-30-204 does not preclude the right of a person to recover compensatory damages under this section.\n(6) Private persons may not bring a class action for special injuries arising out of a public nuisance.","path":["TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS","CHAPTER 30. NUISANCES","Part 2. Public Nuisances"],"source_url":"https://mca.legmt.gov/bills/mca/title_0270/chapter_0300/part_0020/section_0070/0270-0300-0020-0070.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:50:38Z","sha256":"c25a8dd87f44c647875de489d83bdbe2e0cfe4a44e9a516c29f653e9c1999dc4","source_id":"us-mt","stale":false,"prev":"us-mt/27-30-206","next":"us-mt/27-30-301"},"notice":"GroundRules: Original legal text. Not legal advice."}