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West Virginia Bill Codifies Public Nuisance Laws and Restricts Government and Private Lawsuits

Original title: Codifying common law cause of action of public nuisance

Last action · February 18, 2026: To JudiciarySponsor: Zack Maynard

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Proposed

Senate Bill 991 establishes statutory definitions and limits for claims in West Virginia, requiring government entities to prove physical presence within their jurisdiction and restricting private citizens to compensatory damages for special injuries. The measure explicitly excludes lawful actions, product manufacturing, and the aggregation of private rights from qualifying as public nuisances.

Why it matters

Changes how municipal authorities and private individuals can file lawsuits, restricting government remedies strictly to injunctions and quantifiable abatement costs while prohibiting class actions and damages for future nuisances.

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

Government entities

State and local governing bodies face new jurisdictional limits and restricted legal remedies when filing public nuisance actions.

Directly affected

Private citizens

Individuals must prove a distinct special injury by clear and convincing evidence to bring a public nuisance claim and are restricted solely to compensatory damages.

Directly affected

Property owners and businesses

Entities are protected from public nuisance claims arising from lawful, authorized activities, product manufacturing, or marketing.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

What qualifies as a public nuisance under this bill?
A is defined as a condition arising from real property use that unlawfully interferes with a public right by endangering safety or being offensive, or a condition that unlawfully interferes with the public right to free passage on public land, air, or water.
Can a private citizen file a class action lawsuit for a public nuisance?
No, private persons are explicitly prohibited from bringing a class action for special injuries arising out of a .
What remedies can a government entity seek in a public nuisance lawsuit?
Government entities are limited to seeking indictments, , and quantifiable monetary or nonmonetary resources reasonably necessary to abate the specific nuisance. Damages of any kind, including economic and exemplary damages, are prohibited.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

This bill did not become law - Died at adjournment · in Senate committee.

Procedural history

4 actions
  1. Feb 18, 2026SenateCommittee
    To Judiciary
  2. Feb 18, 2026SenateIntroduced
    Introduced in Senate
  3. Feb 18, 2026SenateCommittee
    To Judiciary
  4. Feb 18, 2026SenateIntroduced
    Filed for introduction

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift98% confidence

Codification and Restriction of Public Nuisance Law

The bill replaces common law standards for public nuisance with explicit statutory limitations, removing the ability of governments to recover damages and restricting private actions to special injuries.

Connected Entities

West Virginia Legislature, Zack Maynard
OrganizationWest Virginia Legislature“Legislative body passing the bill”Map →
PersonZack Maynard“Introduced Senate Bill 991”Map →

Sources

Open source document

www.wvlegislature.gov

Analysis Score

0–100
  • Significance20
    Lowered because this bill did not pass (its text scored 80)
  • Controversy75
    Intensity of disagreement among stakeholders
  • Entertainment10
    Compellingness for a non-policy-wonk reader
  • Buzz30
    Current news / social attention level

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