Abrogating the common law and codifying the law of public nuisance. (FE)
Impact
This legislation constricts the parties eligible to maintain actions for public nuisance, limiting them to governmental bodies or private parties with specific injuries. It mandates that any governmental actions must be carried out by attorneys employed by these entities, thereby formalizing the legal processes involved. The bill also delineates that governmental bodies can no longer pursue nuisance actions merely to recover financial costs related to remediation, thus emphasizing the preventative nature of the statute rather than compensatory.
Summary
Assembly Bill 1157 proposes a significant overhaul of the legal framework surrounding public nuisances in Wisconsin by abrogating common law concerning this area and establishing a codified statute. The bill defines 'public nuisance' as an unlawful condition that violates the public’s right to use public real property. Notably, it stipulates that liability for public nuisances arises only when an entity controls the nuisance at the time of the action, streamlining how public nuisance claims can be brought against individuals or entities.
Contention
Debate surrounding AB1157 has highlighted concerns about its implications on local governance and community accountability. Critics worry that narrowing the scope for who can pursue these actions, and what damages can be claimed, may undermine efforts to address nuisances that affect local communities. Some stakeholders argue that this bill favors property rights over community health and safety concerns, while supporters contend it prevents misuse of nuisance laws that could hamper legitimate property use and economic activities.
Authorizes common law public nuisance suits regarding lead paint under State law; exempts Attorney General from certain aspects of public nuisance claims when pursuing lead paint actions.