AB1157: Bill Text

AB1157,,28 823.013 Enforcement by private parties. (1) In an action to enjoin a public nuisance under s. 823.01 (2), a nongovernmental person bears the burden of establishing by clear and convincing evidence that the person suffered an injury peculiar to the person.

AB1157,,29 (2) The fact that public real property has a spiritual, cultural, emotional, or otherwise personal significance to a nongovernmental person is not, by itself, sufficient to establish that the use of or damage to the real property is an injury peculiar to the person for purposes of s. 823.01.

AB1157,,30 (3) A nongovernmental person may not maintain both a public nuisance action under s. 823.01 (2) and a private nuisance action related to damages resulting from the same unlawful condition.

AB1157,8 Section 8. 823.015 of the statutes is renumbered 823.029 and amended to read:

AB1157,,32 823.029 Action against condominium association. If a city, village, town, or county has grounds under this chapter to abate a private nuisance occurring upon the common elements of a condominium and the failure of a condominium association under ch. 703 to perform its duties to maintain and control the common elements is a reason the nuisance has not been abated, an action for a receivership under ch. 823 may be brought against the condominium association whether it is incorporated or unincorporated. This section does not authorize the seizure of condominium buildings or units.

AB1157,9 Section 9. 823.02 of the statutes is repealed.

AB1157,10 Section 10. 823.021 of the statutes is created to read:

AB1157,,35 823.021 Liability for public nuisance. A person may be held liable for creating or maintaining a public nuisance only if the person controls the public nuisance at the time a cause of action under this subchapter arises.

AB1157,11 Section 11. 823.024 of the statutes is created to read:

AB1157,,37 823.024 Remedies for public nuisance. (1) In a public nuisance action under this subchapter, a court may award only the following relief:

AB1157,,38 (a) Injunctive relief sufficient to abate the public nuisance.

AB1157,,39 (b) Monetary damages in an amount reasonably necessary to abate the public nuisance. Damages under this paragraph do not include any of the following:

AB1157,,40 1. Speculative estimates of current needs.

AB1157,,41 2. Costs of future remediation.

AB1157,,42 3. Costs of investigating and identifying the existence of an unlawful condition.

AB1157,,43 4. Costs of public services provided as a result of the public nuisance.

AB1157,,44 (c) Compensatory damages for a nongovernmental plaintiff’s injury that is peculiar to the plaintiff as described under s. 823.01.

AB1157,,45 (2) The plaintiff shall establish the amount of any damages described under sub. (1) (b) by clear and convincing evidence.

AB1157,12 Section 12. Subchapter II (title) of chapter 823 [precedes 823.029] of the statutes is created to read:

AB1157,,47 CHAPTER 823

AB1157,,49 SUBCHAPTER II PRIVATE NUISANCES; GENERALLY

AB1157,13 Section 13. 823.03 of the statutes is amended to read:

AB1157,,51 823.03 Judgment. In such actions an action for private nuisance, when the plaintiff prevails, the plaintiff shall, in addition to judgment for damages and costs, also have judgment that the nuisance be abated unless the court shall otherwise order orders.

AB1157,14 Section 14. 823.04 of the statutes is amended to read:

AB1157,,53 823.04 Execution and warrant. In case of judgment that the a private nuisance be abated and removed, the plaintiff shall have execution in the common form for the plaintiff’s damages and costs and a separate warrant to the proper officer requiring the officer to abate and remove the nuisance at the expense of the defendant.

AB1157,15 Section 15. 823.05 of the statutes is amended to read:

AB1157,,55 823.05 Warrant may be stayed. The court may, on the application of the defendant in an action for private nuisance, order a stay of such warrant for such time as may be necessary, not exceeding 6 months, to give the defendant an opportunity to remove the nuisance, upon the defendant’s giving satisfactory security to do so within the time specified in the order.

AB1157,16 Section 16. 823.06 of the statutes is amended to read:

AB1157,,57 823.06 Expense of abating, how collected. The expense of abating such a private nuisance pursuant to such a warrant under s. 823.04 shall be collected by the officer in the same manner as damages and costs are collected upon execution or may be collected by finding the defendant personally liable for these expenses, as provided in s. 74.53. The officer may sell any material of any fences, buildings, or other things abated or removed as a private nuisance as personal property is sold upon execution and apply the proceeds to pay the expenses of such abatement, paying the residue, if any, to the defendant.

AB1157,17 Section 17. Subchapter III (title) of chapter 823 [precedes 823.065] of the statutes is created to read:

AB1157,,59 CHAPTER 823

AB1157,,61 SUBCHAPTER III NUISANCES; SPECIFIC ACTIONS

AB1157,18 Section 18. Initial applicability.

AB1157,,63 (1) This act first applies to a cause of action for public nuisance that accrues on the effective date of this subsection.

AB1157,,64 (end)