SB 0241 | Expands definition of nuisance & creates civil action |
Sponsor: | EHLMANN | ||
Committee: | CIVI | LR Number: | S0429.05I |
Last Action: | 02/09/95 - Voted Do Pass S Civil & Criminal Jurisprudence Committee | ||
Title: | |||
Effective Date: | August 28, 1995 | ||
SB 241 - This act expands the definition of the word "nuisance" to include a condition of residential property which adversely affects the property values of a neighborhood because of deterioration, neglect, abandonment, failure to repair, failure to do routine maintenance or because of clutter.
The act grants a property owner the right to bring a cause of action, in small claims court, associate circuit court or circuit court of the county in which the property is located, against the owner of the offending property for the amount of damage created by such property to the value of the petitioner's property. Damages to property must be determined by a certified real estate appraiser. The petitioner may request a jury trial in associate circuit and circuit courts.
The act also requires non-resident landlords to designate an
agent upon whom service of process may be made in this state and
such designation shall be filed with the Secretary of State.
JAMES KLAHR