CHARLESTON, WV (LOOTPRESS) – December interim meetings of the West Virginia Legislature got underway Monday and will continue through Tuesday as part of this month’s sessions.
The Joint Judiciary Committee assembled on Monday to hear several presentations, the first of which pertained to public nuisance law.
Former Solicitor General of West Virginia Elbert Lin presented, detailing the origins of public nuisance law as a method for government prevention of interference with public right – a narrow legal action.
This definition began to expand at the close of the 1970s, however, and would take on the definition of a broader action of unreasonable interference in 1979. It was asserted that this broader take established a threat to businesses.
Limitations of public nuisance were touched upon, and it was explained that a case must include a public right, relate to real property, entail unlawful conduct, and that the defendant must have control of the nuisance in order to constitute public nuisance.
As far as limits to public nuisance law, it was stated that the most effective way to establish limits for these regulations is through legislation, which creates “guardrails on the judiciary.”
General laws exist in several states to define public nuisance, including that of unreasonable interference.
Furthermore, it is stated that states’ definitions of public nuisance pertain to property, while many activities are exempt from public nuisance in other states.
Public nuisance laws in West Virginia define particular places and activities as public nuisance but exempts farming and gun ranges from this category.
Orthopedic Surgeon Tony Majestro also presented at Monday’s meeting. Majestro’s remarks emphasized public nuisance as it pertains to products and pointed out that 25 states have recognized cases for nuisance on products.
The case law in these instances requires illegal and negligent activity, and the sale of opioids in Cabell County was stated to affect public rights.
8.9% percent of the population is purported to suffer from an opioid addiction disorder, putting them at a higher risk of contracting HIV and Hepatitis.
45% of CPS cases throughout the country are purportedly related to substance abuse, and public nuisance cases pertaining to opioid sales is indicative of the government’s exercising of their discretion in alleviating the crisis in a given area.
Additional LOOTPRESS coverage for Kanawha County can be found here.
