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Sound Nuisance: Propane Cannon Leads to Tort Action

In Kentucky, a farmer is being sued for nuisance of his propane cannon — used to scare away birds from his corn. This is becoming more common as residential homes move into former farming areas. The common law at one time would protect farmers from such law suits under the “coming to the nuisance” doctrine, which did not allow lawsuits for conditions that existed previous to the plaintiff buying the property. That doctrine has been eliminated and landowners may now sue for such nuisance. However, nuisance itself contains elements that consider the appropriateness of the actiivity to the area as well as a balancing of costs and benefits. The propane cannon is unlikely to survive such a test. For the story, click here

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