Also known as: nuisance doctrine · nuisance
Written by attorneys · grounded in primary & secondary sources — see below
A tort doctrine that imposes liability for a nontrespassory invasion of another's interest in the private use and enjoyment of land. The invasion must be intentional and unreasonable or otherwise actionable under negligence or strict liability rules to support recovery.
Devon Drake owns a waterfront home across a narrow inlet from a ship-repair yard operated by Dominion Capital. The yard performs open-air sandblasting and welding that sends metallic dust onto Drake's decks and produces loud noise that disrupts his sleep. Drake sues for private nuisance. The operations constitute a nontrespassory invasion of Drake's interest in using and enjoying his land, satisfying the doctrine's core requirement.
Denise Donovan purchased coastal acreage intending to build a home. A new state regulation prohibits all construction to protect dunes, leaving the parcel with no economically beneficial use. Donovan challenges the regulation as a taking. Because the prohibited use would have constituted a private nuisance under background principles existing when she acquired the land, the doctrine prevents the regulation from triggering compensation.
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Deborah Dunn owns Grand Central Terminal. New York City's landmark law prevents substantial alterations that would destroy its historic character. Dunn claims the restrictions amount to a taking. The doctrine of nuisance supplies the background principle that limits the owner's right to use the property in ways that harm the surrounding community, supporting the regulation's validity.
Darius Dixon and neighbors sue Atlantic Cement for dust, smoke, and vibration that interfere with their homes. The plant's operations are found to create a nuisance. The court awards permanent damages rather than an injunction, applying the doctrine to balance the substantial harm against the plant's utility and the community's interest in continued operation.
Doris Duffy owns land zoned for industrial development. A village ordinance limits the property to residential use to prevent nuisance-like impacts on nearby homes. Duffy challenges the zoning as a taking. The doctrine of nuisance justifies the restriction because the prohibited industrial activities would unreasonably interfere with neighbors' use and enjoyment of their land.
Deanna Davenport owns a home in an area targeted for redevelopment. The city condemns the property to transfer it to private developers for a new office complex. Davenport argues the taking lacks public purpose. The doctrine of nuisance informs the analysis by showing that certain property uses harming the community can be regulated or acquired without violating constitutional limits.
The plaintiff must show a nontrespassory invasion of the interest in private use and enjoyment of land that is either intentional and unreasonable or otherwise actionable under negligence or strict liability rules. Legal causation and substantial harm are also required.
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A regulation that eliminates all economically beneficial use of land requires compensation unless the prohibited use was already barred by background principles of nuisance or property law at the time of acquisition. The doctrine supplies the exception that prevents a total regulatory wipeout from constituting a taking.
Supporting sources
A court may award permanent damages rather than an injunction when the defendant's activity has substantial utility, the harm is not easily abated, and an injunction would cause disproportionate hardship or public detriment. The doctrine permits this balancing to avoid extortionate results.
Supporting sources
…that the government would seem to be singling out a particular property owner. Hadacheck, supra , at 413.[^maj-8] The nuisance exception to the taking guarantee is not coterminous with the police power itself. The question is whether the forbidden use is dangerous to the safety, health, or welfare of others. Thus,…