Can governmental entities be found liable for nuisance?

Governmental entities can indeed be found liable for nuisance if their actions create harmful conditions that interfere with the use and enjoyment of private property. This principle stems from the idea that governmental entities, while often granted certain immunities, still have obligations to their citizens not to create situations that cause harm or unreasonable interference.

For example, if a government entity fails to manage a landfill properly, leading to an odor or pollution that affects nearby residents, they can be held accountable for the nuisance created by that negligence. The concept of nuisance focuses on the unreasonable use of property that impacts others, and if the government is engaging in actions that lead to such consequences, liability may apply.

This understanding contrasts with the notion of absolute immunity which may apply in specific contexts, but does not provide carte blanche to government actions that cross the line into creating nuisances. The focus on harmful conditions emphasizes that the impact on individuals’ rights is key in establishing liability in these cases.