Everything that endangers life or health, gives offense to senses, violates the laws of decency, or obstructs reasonable and comfortable use of property is a nuisance.1 As so defined, nuisance includes a wide range of activities but each case must stand on its own facts and special circumstances. Those engaged in the operation of quarries, gravel pits, and sanitary landfills are particularly vulnerable to accusations of nuisance, although these activities, when properly conducted, are not nuisances per se. If, however, an act in its inherent nature is so hazardous as to make the danger extreme and to make serious injury so probable as to be almost a certainty, it should be held a nuisance per se.2 Blasting in populated areas, for example, has been held to be a nuisance per se.
KeywordsSanitary Landfill Inherent Nature Pipeline Construction Public Nuisance Danger Extreme
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References and Suggested Reading
- American Law Institute (1977), Nuisance, Restatement of the Law, Second, Torts, American Law Institute Pub., St. Paul, Minn., Chap. 40, Sec. 821–840, pp. 83–179.Google Scholar
- Bryson, J., and Macbeth, A. (1972), Public nuisance, the restatement (second) of torts, and environmental law, Ecol. L. Q., 2 (2): 241–281.Google Scholar
- Sherman, R. (1973), Federal Jurisdiction and Federal Common Law—Environmental Law—Public Nuisance Suits Concerning Interstate Water Pollution—Illinois v. City of Milwaukee, 406 U.S. 91 (1972), Denver L. J., 49 (4): 609–618.Google Scholar
- Williams, It (1971), Nuisances, American Jurisprudence, 2d, Lawyers Co-Operative Publishing Co., Rochester, N.Y.; Bancroft-Whitney Co., San Francisco, Vol. 58, Secs. 1–234, pp. 545–841.Google Scholar