SENATE CONCURRENT RESOLUTION 58

(By Senators Caputo, Grady, Karnes, Phillips, Romano, Smith, Stover, Weld, Woodrum, and Trump)

[Originating in the Committee on the Judiciary; Reported on March 8, 2022]

Requesting the Joint Committee on Government and Finance study the common law cause of action for public nuisance in West Virginia.

Whereas, the Supreme Court of Appeals of West Virginia held in Hark v. Mountain Fork Lumber Co., 127 W. Va. 586, 595 (1945): “A public nuisance is an act or condition that unlawfully operates to hurt or inconvenience an indefinite number of persons. The distinction between a public nuisance and a private nuisance is that the former affects the general public, and the latter injures one person or a limited number of persons only. Ordinarily, a suit to abate a public nuisance cannot be maintained by an individual in his private capacity, as it is the duty of the proper public officials to vindicate the rights of the public. Curry v. Timber Co., 87 W. Va. 429, 105 S.E. 263; Davis v. Spragg, 72 W. Va. 672, 79 S.E. 652; Talbott v. King, 32 W. Va. 6, 9 S.E. 48; Keystone Bridge Company v. Summers et al., 13 W. Va. 476. But if the act or condition causes special injury to one or a limited number of persons and substantial permanent damages result which cannot be fully compensated in an action at law, a suit to abate a nuisance so existing may be maintained by a private individual. Keystone Bridge Company v. Summers et al., supra.”: therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on the Judiciary is hereby requested to study the common law cause of action for public nuisance in West Virginia; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2023, on its findings, conclusions, and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report, and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.